National Treasury Employees Union and National Treasury Employees Union, Chapter 71 (Union) and Internal Revenue Service, Philadelphia Service Center, Philadelphia, Pennsylvania (Agency)

 

 4 FLRA No. 103
 
 NATIONAL TREASURY EMPLOYEES
 UNION AND NATIONAL TREASURY
 EMPLOYEES UNION, CHAPTER 71
 Union
 
 and
 
 INTERNAL REVENUE SERVICE,
 PHILADELPHIA SERVICE CENTER,
 PHILADELPHIA PENNSYLVANIA
 Agency
 
                                            Case No. O-NG-113
 
            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.).
 
    THE RECORD BEFORE THE AUTHORITY IN THIS CASE INDICATES THAT THE
 NATIONAL TREASURY EMPLOYEES UNION (THE UNION) AND THE INTERNAL REVENUE
 SERVICE (THE AGENCY) WERE PARTIES TO A COLLECTIVE BARGAINING AGREEMENT,
 MULTI-CENTER AGREEMENT II, WHICH COVERED EMPLOYEES AT THE AGENCY'S
 PHILADELPHIA SERVICE CENTER.  /1/ ACCORDING TO THE AGENCY, THOUGH THIS
 AGREEMENT EXPIRED IN OCTOBER, 1978, ITS TERMS AND CONDITIONS CONTINUE IN
 EFFECT DURING NATIONAL LEVEL BARGAINING ON A NEW AGREEMENT.  /2/
 
    WHILE THE PARTIES WERE ENGAGED IN BARGAINING ON A NEW AGREEMENT AT
 THE NATIONAL LEVEL, I.E., AT THE LEVEL OF EXCLUSIVE RECOGNITION,
 INCLUDING BARGAINING ON MATTERS PERTAINING TO PERFORMANCE APPRAISAL
 SYSTEMS, THE UNION REQUESTED THE OPPORTUNITY TO BARGAIN WITH MANAGEMENT
 OFFICIALS AT THE PHILADELPHIA SERVICE CENTER OVER THE SUBSTANCE, IMPACT,
 AND IMPLEMENTATION OF "PERFORMANCE EXPECTATIONS" WHICH MANAGEMENT
 PROPOSED TO EFFECTUATE AT THE CENTER.  THE UNION SUBMITTED TO AGENCY
 MANAGEMENT AT THE SERVICE CENTER SEVERAL PROPOSALS WHICH RELATED TO THE
 SUBSTANCE OF THE PROPOSED "PERFORMANCE EXPECTATIONS" AND TO THE
 PROCEDURES TO BE USED IN DISCIPLINING EMPLOYEES WHO FAIL TO MEET THE
 REQUIREMENTS OF APPLICABLE "PERFORMANCE EXPECTATIONS." SUBSEQUENTLY, THE
 AGENCY ADVISED