American Federation of Government Employees, AFL-CIO, Local 1617 and Department of the Air Force, Headquarters, Air Force Logistics Command, Kelly Air Force Base, Texas

 



[ v02 p407 ]
02:0407(55)NG
The decision of the Authority follows:


2 FLRA NO. 55

American Federation of Government Employees, AFL - CIO, Local 1617 and Department of the Air Force, Headquarters, Air Force Logistics Command, Kelly Air Force Base, Texas, Case No. 0-NG-39. The union sought to negotiate on the subject of certain activity guidance to supervisors concerning their appraisal of subordinates. The activity responded by stating that the matter was nonnegotiable. The union filed an unfair labor practice charge against the activity and, subsequently, a negotiability appeal. The Authority determined that to the extent the instant case arose out of an alleged unilateral change coupled with a refusal to bargain and a defense, essentially, that no change had occurred, the proper forum in which to raise such issues was not a negotiability appeal but, rather, an unfair labor practice proceeding pursuant to section 7118 of the Statute. The Authority concluded that the union's negotiability appeal did not present issues that the Authority could appropriately resolve under section 7117 of the Statute and part 2424 of its rules and regulations, and therefore dismissed the appeal.  [ v2 p407 ]

 

January 9, 1980

Mr. Ronald D. King, Director
Contract and Appeals Division
American Federation of Government
  Employees, AFL-CIO
1325 Massachusetts Avenue, NW.
Washington, D.C. 20005

Re:  American Federation of Government
     Employees, AFL-CIO, Local 1617
     and Department of the Air Force,
     Headquarters, Air Force Logistics
     Command, Kelly Air Force Base,
     Texas, Case No. 0-NG-39

 

Dear Mr. King:

Reference is made to your petition for review filed on behalf of the union, the agency's statement of position and the union's response thereto, in the above-entitled case. For the reasons stated below, the Authority has determined that the petition for review must be dismissed.

The basic facts, as set forth in the record, are as follows: By letter dated March 7, 1979, Headquarters, Air Force Logistics Command, Kelly Air Force Base, Texas (the activity) notified American Federation of Government Employees, AFL - CIO, Local 1617 (the union), that the activity had reminded its supervisors of their "responsibilities to realistically appraise their subordinates ... by distributing to (supervisors) the attached guidance" entitled the "1979 Appraisal/Evaluation Guide." The union's return letter dated March 9 stated that the activity's guidance to its supervisors "... change(s) past practice ... and has a direct impact on (u)nit (e)mployees ...," and reque