International Federation of Professional and Technical Engineers Local 4 and Department of the Navy, Portsmouth Naval Shipyard (Authority decision, August 29, 1984)

Final FLRA decision. This is a final negotiability order of the Federal Labor Relations Authority. An aggrieved person may seek judicial review by filing a petition in an appropriate United States court of appeals within 60 days after issuance under 5 U.S.C. § 7123(a). Filing a petition does not stay the Authority's order unless the court orders a stay under 5 U.S.C. § 7123(c).

Plain-English summary

IFPTE Local 4 proposed that Portsmouth Naval Shipyard use fair and reasonable discretion when setting the pay of former employees rehired into bargaining unit jobs. The agency disputed the proposal's negotiability. The Authority held that the provision concerned conditions of employment because it would benefit former employees only when they returned to unit positions. It ordered the shipyard to bargain on request.

Decision snapshot

• Authority: Negotiability review under 5 U.S.C. § 7105(a)(2)(E).
• Outcome: Proposal negotiable; agency ordered to bargain on request.
• Key point: A pay setting provision for reemployed unit members concerned unit employees' conditions of employment.

Full text (FLRA public release)

[ v15 p802 ]

15:0802(153)NG

The decision of the Authority follows:

15 FLRA No. 153

INTERNATIONAL FEDERATION OF
PROFESSIONAL AND TECHNICAL ENGINEERS,
LOCAL 4, AFL-CIO
Union

and

DEPARTMENT OF THE NAVY,
PORTSMOUTH NAVAL SHIPYARD,
PORTSMOUTH, NEW HAMPSHIRE
Agency

Case No. O-NG-536

DECISION AND ORDER ON NEGOTIABILITY ISSUE

The petition for review in this case comes before the Authority pursuant to section 7105(a)(2)(E) of the Federal Service Labor-Management Relations Statute (the Statute). As set forth in the final submissions of the parties (i.e., the Agency's statement of position and the Union's response), the matter in dispute is as follows:

Consistent with the objectives and principles of FPM 531, Subchapter 2, reemployment of former employees to a bargaining unit position will be accomplished in a fair and equitable manner. The Union will be forwarded a copy of reemployment documents affecting unit employees. In the establishment of the rate of reemployment, the exercise of sound and reasonable managerial discretion will be followed. (The underscored language is in dispute.)

Upon careful consideration of the entire record, including the parties' contentions, the Authority makes the following determinations. This proposal would require the Agency to exercise its discretion under Federal Personnel Manual Chapter 531 to set the rate of basic pay in a fair and even-handed manner when rehiring former employees. Therefore, it is identical to the proposal in American Federation of Government Employees, AFL-CIO, Local 2024 and Department of the Navy, Portsmouth Naval Shipyard, Portsmouth, New Hampshire, 11 FLRA No. 31 (1983). In that case, the Authority found the proposal concerned matters which were conditions of employment, since it would benefit former employees only if and when they were reemployed in bargaining unit positions. Accordingly, the present proposal also concerns matters stated in Portsmouth Naval Shipyard, is within the duty to bargain under the Statute.

Accordingly, pursuant to section 2424.10 of the Authority's Rules and Regulations (5 CFR 2424.10), IT IS ORDERED that the Agency shall upon request (or as otherwise agreed to by the parties) bargain concerning the Union's proposal. /1/

Issued, Washington, D.C., August 29, 1984. BARBARA J. Mahone, Chairman Ronald W. Haughton, Member Henry B. Frazier III, Member FEDERAL LABOR RELATIONS AUTHORITY

--------------- FOOTNOTES$ ---------------

/1/ In deciding that the Union's proposal is within the duty to bargain, the Authority makes no judgment as to its merits.