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

 



[ v04 p796 ]
04:0796(103)NG
The decision of the Authority follows:


 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, T