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59 FLRA No. 166
AFGE, Local 32 and Office of Personnel Management, Washington, D.C. Case No. 0-NG-2689 (Decided May 10, 2004)
This case concerned the negotiability of 2 proposals. The Authority found that the proposals were outside the duty to bargain and dismissed the petition for review. The Authority noted that proposals that prevent management from using certain types of information in support of disciplinary action affect the right to discipline.
Here, the Authority found that the intrusion on the exercise of management's right to discipline outweighed any benefits the proposal might afford unit employees. Consequently, Proposal 1 was outside the duty to bargain. Proposal 2 was also found to be outside the duty to bargain. By its express terms, Proposal 2 would provide the Union with information contained in the agency security system within five days of its request for such information. The Authority found that disclosure of the information encompassed by Proposal 2 was prohibited by law.