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 CERTAIN PROPOSALS.
 
    IT APPEARS FROM THE RECORD, THEREFORE, SINCE THE AGENCY HAS WITHDRAWN
 ITS ALLEGATION THAT THE UNION'S PROPOSAL IS NOT NEGOTIABLE UNDER THE
 STATUTE, THAT THE ISSUE PRESENTLY TO BE RESOLVED CONCERNS A DISPUTE OVER
 THE MEANING OF PROVISIONS CONTAINED IN THE PARTIES' AGREEMENT.  THE
 PROPER FORUM FOR THE RESOLUTION OF SUCH A QUESTION IS NOT A
 NEGOTIABILITY APPEAL UNDER THE STATUTE BUT, INSTEAD, WOULD BE PURSUANT
 TO THE PROCEDURES WHICH THE PARTIES HAVE ADOPTED FOR SUCH PURPOSE IN
 THEIR AGREEMENT.  IN THIS CONNECTION AS NOTED ABOVE, THAT ISSUE HAS BEEN
 SUBMITTED FOR RESOLUTION THROUGH THE NEGOTIATED GRIEVANCE PROCEDURE.
 
    BASED UPON THE FOREGOING, THE INSTANT NEGOTIABILITY APPEAL DOES NOT
 PRESENT ISSUES WHICH THE AUTHORITY CAN APPROPRIATELY RESOLVE AT THIS
 TIME UNDER SECTION 7117 OF THE STATUTE AND PART 2424 OF ITS RULES AND
 REGULATIONS.
 
    ACCORDINGLY, IT IS ORDERED THAT THE APPEAL BE DISMISSED.
 
    ISSUED, WASHINGTON, D.C., SEPTEMBER 30, 1980
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                        HENRY B.FRAZIER III, MEMBER