American Federation of Government Employees, Local 4, AFL-CIO (Union) and Office of Personnel Management, St. Louis Region, St. Louis, Missouri (Agency)




[ v04 p458 ]
04:0458(63)NG
The decision of the Authority follows:


 4 FLRA No. 63
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 4
 Union
 
 and
 
 OFFICE OF PERSONNEL MANAGEMENT,
 ST. LOUIS REGION, ST. LOUIS,
 MISSOURI
 Agency
 
                                            Case No. O-NG-97
 
            DECISION AND ORDER DISMISSING NEGOTIABILITY APPEAL
 
    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.).
 
    DURING THE TERM OF THE PARTIES' AGREEMENT, THE UNION SUBMITTED FOR
 NEGOTIATION CERTAIN PROPOSALS CONCERNING PERFORMANCE EVALUATION.  BY
 MEMORANDUM, THE ACTIVITY NOTIFIED THE PRESIDENT OF THE UNION THAT, WITH
 ONE EXCEPTION, THE AGREEMENT PRECLUDED NEGOTIATION ON THE UNION'S
 PROPOSALS.  AS TO THE REMAINING UNION PROPOSAL WHICH WOULD HAVE
 PERMITTED EMPLOYEES TO IDENTIFY THE CRITICAL ELEMENTS FOR THEIR JOBS,
 THE AGENCY ALLEGED THAT IT WAS NOT WITHIN THE DUTY TO BARGAIN.  THE
 UNION THEREUPON FILED WITH THE AUTHORITY A PETITION FOR REVIEW OF THE
 AGENCY'S ALLEGATION.
 
    IN ITS SUBMISSION TO THE AUTHORITY, THE AGENCY WITHDREW WITHOUT
 PREJUDICE ITS ALLEGATION THAT THE DUTY TO BARGAIN IN GOOD FAITH DID NOT
 EXTEND TO THE ABOVE MATTER.  IN SO DOING, THE AGENCY INDICATED THAT THE
 MATTER IS THE SUBJECT OF A GRIEVANCE INVOLVING THE INTERPRETATION OF THE
 PARTIES' AGREEMENT.  IN THAT REGARD, THE AGENCY INDICATED THAT THE ISSUE
 INVOLVED IN THE GRIEVANCE IS WHETHER, UNDER THE CONTRACT, IT IS OBLIGED
 TO BARGAIN OVER CERTA