American Federation of Government Employees, AFL-CIO, Local 331 (Union) and Veterans Administration Hospital, Perry Point, Maryland (Activity) 

 



[ v02 p428 ]
02:0428(59)NG
The decision of the Authority follows:


 2 FLRA No. 59
 
 AMERICAN FEDERATION OF 
 GOVERNMENT EMPLOYEES, AFL-CIO 
 LOCAL 331
 (Union)
 
 and
 
 VETERANS ADMINISTRATION 
 HOSPITAL, PERRY POINT, 
 MARYLAND
 (Activity)
 
                                            Case No. 0-NG-17
 
                                 DECISION
 
    THIS MATTER IS BEFORE THE AUTHORITY ON A REQUEST BY THE VETERANS
 ADMINISTRATION THAT THE AUTHORITY CLARIFY ITS DECISION IN THE
 ABOVE-ENTITLED CASE.
 
    IN ITS DECISION OF JANUARY 17, 1980, IN THE ABOVE-ENTITLED CASE, THE
 AUTHORITY FOUND NEGOTIABLE UNDER THE FEDERAL SERVICE LABOR-MANAGEMENT
 RELATIONS STATUTE (THE STATUTE) THE FOLLOWING UNION PROPOSAL:
 
    ARTICLE 25, PROMOTION, SECTION A-- IT IS AGREED THAT AN EMPLOYER WILL
 UTILIZE, TO THE
 
    MAXIMUM EXTENT POSSIBLE THE SKILLS, AND TALENTS OF ITS EMPLOYEES.
 THEREFORE, CONSIDERATION
 
    WILL BE GIVEN IN FILLING VACANT POSITIONS, TO EMPLOYEES WITHIN THE
 BARGAINING
 
    UNIT.  MANAGEMENT WILL NOT SOLICIT APPLICATIONS FROM OUTSIDE THE
 MINIMUM AREA OF CONSIDERATION
 
    OR CALL FOR A CIVIL SERVICE REGISTER OF CANDIDATES IF THREE OR MORE
 HIGHLY QUALIFIED
 
    CANDIDATES CAN BE IDENTIFIED WITHIN THE MINIMUM AREA OF
 CONSIDERATION.  THIS WILL NOT PREVENT
 
    APPLICANTS FROM OTHER VA FIELD UNITS APPLYING PROVIDED THEY
 SPECIFICALLY APPLY FOR THE VACANCY
 
    BEING FILLED AND THAT THEY ARE RANKED AND RATED WITH THE SAME MERIT
 PROMOTION PANEL AS LOCAL
 
    EMPLOYEES.
 
    CITING THE RELEVANT LEGISLATIVE HISTORY OF SECTION 7106(A)(2)(C) OF
 THE STATUTE, THE AUTHORITY FOUND T