American Federation of Government Employees, Local 1884, AFL-CIO (Union) and Defense Mapping Agency, Hydrographic Topographic Center, Providence, Rhode Island (Agency) 

 



[ v04 p224 ]
04:0224(33)NG
The decision of the Authority follows:


 4 FLRA No. 33
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, AFL-CIO
 LOCAL 1884
 Union
 
 and
 
 DEFENSE MAPPING AGENCY,
 HYDROGRAPHIC TOPOGRAPHIC CENTER
 PROVIDENCE, RHODE ISLAND
 Agency
 
                                            Case No. O-NG-25
 
                 DECISION AND ORDER 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 (THE STATUTE) (5 U.S.C. 7101 ET
 SEQ.).
 
                              UNION PROPOSAL
 
    ARTICLE XVI.  PROMOTION
 
    SECTION 1.
 
    THE ACTIVITY WILL ADHERE TO THE PRINCIPLES AND SPIRIT OF FPM 335,
 MERIT PROMOTION.
 
    THE ACTIVITY WILL UTILIZE TO THE FULLEST EXTENT THE SKILLS AND
 TALENTS OF ITS HIGHLY
 
    QUALIFIED EMPLOYEES BEFORE EXPANDING THE AREA OF CONSIDERATION
 THEREBY MAXIMIZING
 
    OPPORTUNITIES FOR PROMOTION.
 
    CONSIDERATION IN FILLING VACANT POSITIONS WILL BE GIVEN FIRST TO
 EMPLOYEES WITHIN THE
 
    PROVIDENCE OFFICE, THE MINIMUM AREA OF CONSIDERATION AND TO VOLUNTARY
 APPLICANTS WITHIN DMA.
 
                    QUESTION HERE BEFORE THE AUTHORITY
 
    THE QUESTION IS WHETHER THE UNION'S PROPOSAL IS WITHIN THE DUTY TO
 BARGAIN AS A NEGOTIABLE PROCEDURE UNDER SECTION 7106(B)(2) OF T