National Federation of Federal Employees, Local 1451 (Union) and Navy Exchange, Naval Administrative Command, Orlando, Florida (Activity)



[ v03 p392 ]
03:0392(60)NG
The decision of the Authority follows:


 3 FLRA No. 60
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 1451
 (Union)
 
 and
 
 NAVY EXCHANGE, NAVAL ADMINISTRATIVE
 COMMAND, ORLANDO, FLORIDA
 (Activity)
 
                                            Case No. 0-NG-160
 
                      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
 
    CONSIDERATION OF OUTSIDE APPLICANTS MAY BE UNDERTAKEN WHEN THERE ARE
 LESS THAN THREE MINIMALLY QUALIFIED INTERNAL APPLICANTS BEING CONSIDERED 
 FOR THE PROMOTIONAL VACANCY AND WHEN THE QUALIFICATION SCREENING COMMITTEE 
 DETERMINES THAT NO QUALIFIED CANDIDATES ARE AMONG THE APPLICANTS, EXTERNAL 
 RECRUITMENT WILL BE EFFECTED.  THIS SHALL NOT EXCLUDE CONCURRENT 
 CONSIDERATION OF VOLUNTEER APPLICANTS OR CONSIDERATION OF RE-PROMOTION OR 
 SPECIAL CONSIDERATION ELIGIBLES.  HOWEVER, VACANCY ANNOUNCEMENTS WILL BE 
 POSTED ONLY IN THE MINIMUM AREA OF CONSIDERATION.
 
                    QUESTION HERE BEFORE THE AUTHORITY
 
    THE QUESTION IS WHETHER THE PROPOSAL WHICH CONCERNS THE FILLING OF
 PROMOTIONAL VACANCIES VIOLATES SECTION 7106(A)(2)(C) OF THE STATUTE, /1/
 AS ALLEGED BY THE AGENCY.