National Treasury Employees Union and NTEU Chapter 66 (Union) and Department of the Treasury, Internal Revenue Service, Kansas City Service Center, Missouri (Agency)

 



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The decision of the Authority follows:


 6 FLRA No. 16
 
 NATIONAL TREASURY EMPLOYEES UNION AND
 NTEU CHAPTER 66
 Union
 
 and
 
 DEPARTMENT OF THE TREASURY, INTERNAL
 REVENUE SERVICE, KANSAS CITY
 SERVICE CENTER, MISSOURI
 Agency
 
                                            Case No. O-NG-162
 
                DECISION AND ORDER ON NEGOTIABILITY APPEAL
 
    THE PETITION FOR REVIEW IN 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 I
 
    GUIDELINES BE ESTABLISHED AND DISTRIBUTED TO EMPLOYEES ADVISING THEM
 WHAT SPOT CHECKING
 
    WILL CONSIST OF.
 
                             UNION PROPOSAL II
 
    WORK LEADER BE GIVEN BONUS FOR WORK OVER AND ABOVE WHICH IS REQUIRED
 BY POSITION.
 
                       QUESTION BEFORE THE AUTHORITY
 
    THE QUESTION IS WHETHER UNION PROPOSALS I AND II ARE SUFFICIENTLY
 SPECIFIC AND DELIMITED TO PERMIT THE AUTHORITY TO DETERMINE WHETHER THE
 MATTERS PROPOSED FOR NEGOTIATION ARE WITHIN THE AGENCY'S DUTY TO
 BARGAIN.
 
                                  OPINION
 
    CONCLUSION AND ORDER:  UNION PROPOSALS I AND II ARE NOT SUFFICIENTLY
 SPECIFIC AND DELIMITED SO AS TO PERMIT THE AUTHORITY TO DETERMINE
 WHETHER THE MATTERS PROPOSED FOR NEGOTIATION ARE WITHIN THE AGENCY'S
 DUTY TO BARGAIN.  ACCORDINGLY, PURSUANT TO SECTION 2424.10 OF THE
 AUTHORITY'S RULES AND REGULATIONS (5 C.F.R. 2424.10 AS AMENDED BY 45
 F.R. 48575), IT IS ORDERED THAT THE UNION'S PETITION FOR REVIEW IS
 HEREBY DISMISSED.
 
    REASONS:  IT APPEARS FROM THE UNION'S PETITION FOR REVIEW THAT THE
 DISPUTED PROPOSALS AROSE FROM DISCUSSIONS CONCERNING A REORGANIZATION IN
 THE BARGAINING UNIT AND A REQUEST SUBMITTED BY THE UNION TO THE AGENCY
 TO NEGOTIATE CONCERNING "DUTIES OF WORKING LEADER POSITIONS IN THE
 COMPLIANCE DIVISION, COLLECTION BRANCH." PURSUANT TO THE AGENCY'S
 REQUEST FOR CLARIFICATION, THE UNION, BOTH IN WRITING AND IN ORAL
 DISCUSSION WITH THE AGENCY, PUT ITS REQUEST INTO FOUR ITEMS DESIGNATED
 PROPOSALS.  FOLLOWING THE AGENCY'S ALLEGATION THAT ALL FOUR ITEMS WERE
 NONNEGOTIABLE, THE UNION FILED THE INSTANT PETITION FOR REVIEW ONLY WITH
 RESPECT TO THE TWO ITEMS DEPICTED ABOVE AS UNION PROPOSALS I AND II.
 
    IN ITS ALLEGATION TO THE UNION OF NONNEGOTIABILITY, THE AGENCY STATED
 GENERALLY THAT THE MATTERS INVOLVED WELL ESTABLISHED PRACTICES WITH
 RESPECT TO THE FUNCTIONING OF WORKING LEADER POSITIONS AND DID NOT
 REPRESENT CHANGES IN PERSONNEL POLICIES, PRACTICES OR PROCEDURES OR
 WORKING CONDITIONS.  SPECIFICALLY, WITH RESPECT TO PROPOSAL I, THE
 AGENCY ADDITIONAL