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56 FLRA No. 3
AFGE, Local 2031 and U.S. Dept. of Veterans Affairs Medical Center, Cincinnati, Ohio, Case No. 0-NG-2468 (Decided February 17, 2000)
The Authority found that Proposals 1, 2(a), 2(d), and 3(b) affected management's rights. However, because the Union did not dispute the Agency's contention that the proposals affected management's rights under section 7106(a), the Authority addressed the issue of whether the proposals were within the duty to bargain under section 7106(b). In this regard, the Authority concluded that the proposals were not bargainable under section 7106(b). The Authority stated that insofar as the Union's reference to the Executive Order or the Master Agreement could be construed to constitute an assertion under section 7106(b)(1) at all, it required the conclusion that it was a bare assertion and, as such it constituted an unsupported allegation proposals concerned a matter under section 7106(b)(1).
Lastly, the Authority held that Proposals 2(b), 2(c), and 3(a) concerned a classification matter under section 7103(a)(14), and as such were outside the duty to bargain without regard to management's rights.