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56 FLRA No. 51
National Association of Government Employees Local R14-143 and U.S. Department of the Interior Bureau of Reclamation Yuma Area Office Yuma, Arizona, Case No. 0-NG-2380 (Decided May 5, 2000)
The proposal here required the Agency to pay a differential equal to 25 percent of an employee's base wage for non-overtime work on Sunday. The Authority found that the proposal was within the duty to bargain and ordered the Agency to bargain.
The Authority first noted that section 704 constitutes an exception to bargaining limitations of the Statute and, as such, both the Statute in the first instance, and, where appropriate, section 704 thereafter, must be analyzed to determine whether a proposal or provision is negotiable. The Authority further stated that in this case, there was no dispute that the proposal was outside the duty to bargain under the Statute. Thus, the Authority only addressed whether the proposal was preserved for bargaining under section 704.
The Authority concluded that the subject of the Union's proposal -- Sunday differential for non-overtime work -- was a subject of negotiation prior to August 19, 1972, within the meaning of section 704(a). In addition, the proposal was in accordance with current prevailing practices under section 704(b). Therefore, the Authority concluded that the proposal was preserved for bargaining under section 704.