DECISION AND ORDER OF THE BOARD OF DIRECTORS ON NEGOTIABILITY ISSUES
I. Introduction
The petition for review comes before the Board of Directors of the Office of Compliance (“the Board”) pursuant to § 7105(a)(2)(E) of the Federal Service Labor Management Relations Statute (“FSLMRS”), as applied by § 220©)(1) of the Congressional Accountability Act (“CAA”), 2 U.S.C. § 1351©)(1). Upon careful consideration of the parties’ filings, the Board has determined, for the reasons set forth below, that two of the contested proposals are non- negotiable and one proposal is negotiable. Accordingly, we sustain in part and dismiss in part the Union’s petition for review of negotiability determinations.
AFSMCE Council 26 is the exclusive bargaining representative for a unit of employees, including gardeners and grounds crews, at the employing office’s Botanical Gardens. AFSCME’s disputed proposals relate to emergency situations, such as ice and snow, when the employing office calls employees back to work outside of their normal working hours.
II. Disputed Assignment of Work Proposals
3. The work performed in all position descriptions, except Grounds Team, shall be amended to remove “During inclement weather, removes snow and ice from sidewalks and steps. Applies salt, sand and melting agents to clear area and provide safe conditions.” Replacement language shall be, “This employee shall not be expected to remove snow and ice from sidewalks.”
4. The position description of all except Grounds Team shall include “Shall not be required to work outdoors during or as a result of adverse weather emergency.”
III. Positions of the Parties
A. Employing Office
The employing office explained to the union its intent not to utilize gardeners to perform ice and snow removal duties. However, there may be emergencies requiring that non-Grounds Crew personnel, such as the gardeners, be assigned to that duty. The union’s proposal impermissibly would preclude the employing office from making such assignments in violation of the employing office’s statutory right to assign work under the Federal Labor Management Relations Act.
