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56 FLRA No. 40
National Air Traffic Controllers Association Rochester Local and U.S. Department of Transportation FAA, Rochester, New York, Case No. 0-NG-2486 (Decided April 28, 2000)
This case concerned the negotiability of two proposals on leave schedules. The Authority found that the two disputed proposals were outside the duty to bargain and dismissed the petition for review.
The Authority preliminarily found that the proposals were properly before it for a negotiability determination. However, it concluded that the proposals directtly implicated the conditions of employment of nonunit personnel and were outside the duty to bargain.
The Authority explained that under Authority and judicial precedent, proposals that directly implicate the conditions of employment of supervisors are outside the duty to bargain. However, matters pertaining to supervisors' conditions of employment are permissive subjects of bargaining, although any agreement thereon must otherwise be consistent with the Statute. The proposals in this case required that the Agency bargain over the work assignments of supervisory personnel and, thus, directly implicated the conditions of employment of those personnel. The Authority did not find any other basis for finding the proposals to be within the duty to bargain.