American Federation of Government Employees, AFL-CIO, International Council of United States Marshals Service Locals (Union) and Department of Justice, United States Marshals Service (Activity)

 



[ v02 p765 ]
02:0765(96)NG
The decision of the Authority follows:


 2 FLRA No. 96
 
 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
 AFL-CIO, INTERNATIONAL COUNCIL OF UNITED
 STATES MARSHALS SERVICE LOCALS
 (Union)
 
 and
 
 DEPARTMENT OF JUSTICE, UNITED STATES
 MARSHALS SERVICE
 (Activity)
 
                                           Case No. 0-NG-118
 
                      DECISION ON NEGOTIABILITY ISSUE
 
    THIS CASE COMES BEFORE THE FEDERAL LABOR RELATIONS AUTHORITY (THE
 AUTHORITY) PURSUANT TO SECTION 7105(A)(2)(E) OF THE FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C. 7101 ET SEQ.).
 
                              UNION PROPOSAL
 
                ARTICLE XXXIV, SECTION 31-- MERIT PROMOTION
 
    THE EMPLOYER WILL ANNOUNCE ALL VACANCIES FOR WHICH BARGAINING UNIT
 EMPLOYEES ARE ELIGIBLE TO APPLY REGARDLESS OF HOW THE VACANCIES ARE TO
 BE FILLED.
 
                    QUESTION HERE BEFORE THE AUTHORITY
 
    THE QUESTION IS WHETHER THE UNION'S PROPOSAL VIOLATES SECTION 7106(A)
 OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE)
 OR ESTABLISHES A NEGOTIABLE PROCEDURE, UNDER SECTION 7106(B)(2), WHICH
 MANAGEMENT OFFICIALS WILL OBSERVE IN FILLING VACANCIES.  /1/
 
                                  OPINION
 
    CONCLUSION:  THE UNION'S PROPOSAL ESTABLISHES A NEGOTIABLE PROCEDUR