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57 FLRA No. 189
AFGE, Local 1030 and U. S. Dept. of Justice Federal Bureau of Prisons, Federal Detention Center, Houston, Texas, Case No. 0-NG-2622 (Decided June 26, 2002)
The proposals in this case were found outside the duty to bargain. Preliminarily, the Authority rejected the Union's request for a hearing in this case. The Authority explained that under § 2424.31 of its regulations, a hearing is appropriate when necessary to resolve disputed issues of material fact. In this case, the Authority concluded that a hearing was not necessary to resolve the negotiability of the proposals and denied the Union's request.
As to the proposals, the Authority found that the proposals affected management's right to determine its internal security practices. The Authority explained that under § 7106(a)(1) of the Statute, management's right to determine its internal security practices includes the right to determine the policies and practices that are necessary to safeguard its operations, personnel, and physical property against internal and external risks.