National Treasury Employees Union (Union) and Department of Health and Human Services, Region 10 (Agency)

 7 FLRA No. 115
 
 NATIONAL TREASURY EMPLOYEES UNION
 Union
 
 and
 
 DEPARTMENT OF HEALTH AND HUMAN
 SERVICES, REGION 10
 Agency
 
                                            Case No. O-NG-299
 
                DECISION AND ORDER ON NEGOTIABILITY ISSUES
 
    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),
 AND PRESENTS ISSUES CONCERNING THE NEGOTIABILITY OF FOUR PROPOSALS
 INVOLVING "UNACCEPTABLE PERFORMANCE PROCEDURES" (SET FORTH IN THE
 APPENDIX) AND ONE PROPOSAL WITH RESPECT TO "EQUAL EMPLOYMENT
 OPPORTUNITY." UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING
 THE PARTIES' CONTENTIONS, THE AUTHORITY MAKES THE FOLLOWING
 DETERMINATIONS.
 
    BASED UPON THE RECORD, PROPOSAL 1 WOULD OBLIGATE MANAGEMENT TO
 NEGOTIATE CRITICAL ELEMENTS;  PROPOSAL 2 WOULD SET STANDARDS FOR
 CRITICAL ELEMENTS;  PROPOSAL 3 WOULD, AS A CONDITION PRECEDENT TO
 IMPLEMENTING CRITICAL ELEMENTS, REQUIRE MANAGEMENT TO ESTABLISH THAT ALL
 CRITICAL ELEMENTS ARE IN FACT CRITICAL TO THE EMPLOYEE'S JOB;  AND
 PROPOSAL 4 WOULD GIVE THE UNION THE RIGHT TO REOPEN NEGOTIATIONS ON
 CRITICAL ELEMENTS ONE YEAR AFTER INITIAL IMPLEMENTATION.
 
    IN NATIONAL TREASURY EMPLOYEES UNION AND DEPARTMENT OF THE TREASURY,
 BUREAU OF THE PUBLIC DEBT, 3 FLRA NO. 119(1980), APPEAL DOCKETED, NO.
 80-1895 (D.C. CIR. AUG. 4, 1980), THE AUTHORITY HELD THAT A PROPOSAL TO
 ESTABLISH A PARTICULAR CRITICAL ELEMENT AND PERFORMANCE STANDARD WOULD
 DIRECTLY INTERFERE WITH THE EXERCISE OF MANAGEMENT'S RIGHTS TO DIRECT
 EMPLOYEES AND TO ASSIGN WORK UNDER SECTION 7106(A)(2)(A) AND (B) OF THE
 STATUTE, /1/ AND THEREFORE WAS NOT WITHIN THE DUTY TO BARGAIN.  SINCE
 ALL FOUR PROPOSALS IN THIS CASE WOULD LIKEWISE INTERFERE WITH THOSE
 MANAGEMENT RIGHTS, THEY BEAR NO DISPOSITIVE DIFFERENCE FROM THE