Decision on Request for General Statement of Policy or Guidance




[ v02 p650 ]
02:0650(80)PS
The decision of the Authority follows:


 2 FLRA No. 80
 
                                            Case No. 0-PS-8
 
          DECISION ON REQUEST FOR GENERAL STATEMENT OF POLICY OR
                                 GUIDANCE
 
    AS PREVIOUSLY ANNOUNCED, /1/ THE AUTHORITY RECEIVED A REQUEST FROM
 THE NATIONAL TREASURY EMPLOYEES UNION (NTEU) THAT THE AUTHORITY ISSUE A
 MAJOR POLICY DETERMINATION CONCERNING THE EFFECT OF CERTAIN PROVISIONS
 OF THE CIVIL SERVICE REFORM ACT OF 1978 (92 STAT. 1111) ON ALLEGEDLY
 INCONSISTENT PROVISIONS OF COLLECTIVE BARGAINING AGREEMENTS.
 
    THE SPECIFIC MATTERS AT ISSUE, SUBSTANTIALLY AS STATED BY NTEU, ARE
 AS FOLLOWS:
 
    1.  DO THE PROVISIONS OF SECTION 7114(A) OF THE FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS
 
    STATUTE (92 STAT. 1202), CONCERNING THE RIGHTS ACCORDED EXCLUSIVE
 REPRESENTATIVES OF THE
 
    EMPLOYEES SUPERSEDE, BY OPERATION OF LAW, INCONSISTENT PROVISIONS OF
 COLLECTIVE BARGAINING
 
    AGREEMENTS NEGOTIATED PRIOR TO JANUARY 11, 1979, OR DO THE
 INCONSISTENT PROVISIONS OF THE
 
    AGREEMENTS TAKE PRIORITY OVER PROVISIONS OF THE STATUTE, PURSUANT TO
 SECTION 7135(A)(1) (92
 
    STAT. 1215)?
 
    2.  DO THE PROVISIONS OF SECTION 7121(B)(3)(C) OF THE STATUTE (92
 STAT. 1211), PROVIDING
 
    BINDING ARBITRATION FOR ANY GRIEVANCE NOT SATISFACTORILY SETTLED
 UNDER THE NEGOTIATED
 
    GRIEVANCE PROCEDURE, SUPERSEDE, BY OPERATION OF LAW, INCONSISTENT
 PROVISIONS OF COLLECTIVE
 
    BARGAINING AGREEMENTS NEGOTIATED PRIOR TO JANUARY 11, 1979, OR DO THE
 INCONSISTENT PROVISIONS
 
    OF THE AGREEMENTS TAKE PRIORITY OVER THE PROVISIONS OF THE STATUTE,
 PURSUANT TO SECTION
 
    7135(A)(1)?
 
    3.  DO THE PROVISIONS OF SECTION 4302 OF THE CIVIL SERVICE REFORM ACT
 OF 1978 (92
 
    STAT. 1132, 1133), PARTICULARLY THOSE DEALING WITH THE RIGHTS OF
 EMPLOYEES TO PARTICIPATE IN
 
    THE ESTABLISHMENT OF PERFORMANCE STANDARDS, SUPERSEDE, BY THE
 OPERATION OF LAW, INCONSISTENT
 
    PROVISIONS OF THE COLLECTIVE BARGAINING AGREEMENTS NEGOTIATED PRIOR
 TO JANUARY 11, 1979, OR DO
 
    THE INCONSISTENT PROVISIONS OF THE AGREEMENTS TAKE PRIORITY OVER THE
 PROVISIONS OF THE ACT,
 
    PURSUANT TO SECTION 7135(A)(1)?
 
    4.  DO THE PROVISIONS OF SECTION 7116(A)(7) OF THE STATUTE (92 STAT.
 1204), PROVIDING THAT
 
    IT SHALL BE AN UNFAIR LABOR PRACTICE FOR AN AGENCY TO ENFORCE ANY
 RULE OR REGULATION WHICH IS
 
    IN CONFLICT WITH ANY COLLECTIVE BARGAINING AGREEMENT IF THE AGREEMENT
 WAS IN EFFECT BEFORE THE
 
    DATE THE RULE OR REGULATION WAS PRESCRIBED, SUPERSEDE, BY OPERATION
 OF LAW, INCONSISTENT
 
    PROVISIONS OF COLLECTIVE BARGAINING AGREEMENTS NEGOTIATED PRIOR TO
 JANUARY 11, 979, OR DO THE
 
    INCONSISTENT PROVISIONS OF THE AGREEMENTS TAKE PRIORITY OVER THE
 PROVISIONS OF THE STATUTE,