[ v08 p417 ]
08:0417(89)NG
The decision of the Authority follows:
8 FLRA No. 89 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL F-215 Union and HEADQUARTERS, 15TH INFANTRY DIVISION (MECHANIZED), FORT POLK, LOUISIANA Agency Case No. O-NG-453 DECISION AND ORDER ON NEGOTIABILITY ISSUES THE PETITION FOR REVIEW IN THIS CASE COMES BEFORE THE FEDERAL LABOR RELATIONS AUTHORITY (THE AUTHORITY) PURSUANT TO SECTION 7105(A) (2)(E) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE) AND RAISES QUESTIONS RELATING TO THE NEGOTIABILITY OF THE FOUR FOLLOWING UNION PROPOSALS. UNION PROPOSAL 1 ARTICLE XXI SECURITY SECTION 4. THE EMPLOYER AGREES THAT SECURITY ACTIVITIES THAT DO NOT DIRECTLY PERTAIN TO PHYSICAL SECURITY OF THE FIRE STATION SHALL NOT BE PERFORMED BY UNIT EMPLOYEES. UNION PROPOSALS 2-4 ARTICLE XXII WORK ASSIGNMENTS SECTION 1. THE EMPLOYER RECOGNIZES THAT THE PRIMARY FUNCTION OF UNIT EMPLOYEES ARE FIRE PREVENTION, FIRE PROTECTION AND LIFE SAFETY. SECTION 3. TEMPORARY DUTY ASSIGNMENTS NOT TO EXCEED THIRTY (30) DAYS, SUCH AS ACTING DRIVER-OPERATOR AND CREW CHIEF AT THE FIRE HOUSES WILL BE MADE ON A ROTATING BASIS AMONG AVAILABLE PERSONNEL. SECTION 4. THE REPAIR, MAINTENANCE, REHABILITATION AND UPKEEP OF FIRE PROTECTION QUARTERS, HYDRANTS, FIRE HOSES AND RELATED EQUIPMENT, WORK ORDER PHONES, AND OPEN AND CLOSING GATES, GASING VEHICLES AFTER HOURS OTHER THAN F.D., SHALL NOT BE THE RESPONSIBILITY OF THE UNIT EMPLOYEES. THE UNIT EMPLOYEES WILL BE REQUIRED TO REMOVE ICE FROM THE POST ONLY IN EMERGENCY. THIS DOES NOT INCLUDE REMOVAL OF ICE FROM AROUND THE FIRE STATION TO WHICH ASSIGNED. UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE PARTIES' CONTENTIONS, THE AUTHORITY MAKES THE FOLLOWING DETERMINATIONS. UNION PROPOSALS 2-4, HEREIN, ARE NOT MATERIALLY DIFFERENT FROM SECTIONS 1, 3 AND 4, OF THE PROPOSAL WHICH WAS BEFORE THE AUTHORITY IN INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL F-109, AFL-CIO AND DEPARTMENT OF THE ARMY, HEADQUARTERS, CARLISLE BARRACKS, CARLISLE, PENNSYLVANIA, 8 FLRA NO. 7 (1982). IN THAT CASE THE AUTHORITY CONCLUDED THAT: (T)HE ENTIRE PROPOSAL WOULD DIRECTLY INTERFERE WITH MANAGEMENT'S RIGHT TO ASSIGN WORK BY REQUIRING THAT "WORK ASSIGNMENTS" BE CONSISTENT WITH THE PRIMARY FUNCTION OF THE FIRE DEPARTMENT AND/OR POSITION CLASSIFICATION STANDARDS FOR FIRE FIGHTERS; REQUIRING ASSIGNMENT OF DUTIES ON A ROTATIONAL BASIS TO EMPLOYEES AVAILABLE FOR THE ASSIGNMENT; AND PROHIBITING THE ASSIGNMENT OF SPECIFIED DUTIES TO FIRE FIGHTERS. SIMILARLY, UNION PROPOSAL 1, HEREIN, WHICH WOULD PROHIBIT THE PERFORMANCE BY UNIT EMPLOYEES OF VARIOUS SECURITY ACTIVITIES, LIKEWISE WOULD DIRECTLY INTERFERE WITH THE AGENCY'S RIGHT TO ASSIGN WORK BY "PROHIBITING THE ASSIGNMENT OF SPECIFIED DUTIES TO FIRE FIGHTERS." HENCE ALL OF THE DISPUTED PROPOSALS IN THIS CASE ARE, FOR THE REASONS SET FORTH IN CARLISLE BARRACKS, SUPRA, AND THE DECISIONS CITED THEREIN, INCONSISTENT WITH THE AGENCY'S RIGHT "TO ASSIGN WORK" PURSUANT TO SECTION 7106(A)(2)(B) OF THE STATUTE AND, THEREFORE, OUTSIDE THE DUTY TO BARGAIN. ACCORDINGLY, PURSUANT TO SECTION 2424.10 OF THE AUTHORITY'S RULES AND REGULATIONS (5 CFR 2424.10 (1981)), IT IS ORDERED THAT THE UNION'S PETITION FOR REVIEW BE, AND IT HEREBY IS, DISMISSED. ISSUED, WASHINGTON, D.C., APRIL 30, 1982 RONALD W. HAUGHTON, CHAIRMAN HENRY B. FRAZIER III, MEMBER LEON B. APPLEWHAITE, MEMBER FEDERAL LABOR RELATIONS AUTHORITY