National Association of Government Employees, Local R7-23 (Union) and Headquarters, 375th Air Base Group, Scott Air Force Base (MAC), Illinois (Agency)

 



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07:0736(117)NG
The decision of the Authority follows:


 7 FLRA No. 117
 
 NATIONAL ASSOCIATION OF GOVERNMENT
 EMPLOYEES, LOCAL R7-23
 Union
 
 and
 
 HEADQUARTERS, 375TH AIR BASE GROUP,
 SCOTT AIR FORCE BASE (MAC), ILLINOIS
 Agency
 
                                            Case No. O-NG-285
 
                 DECISION AND ORDER ON NEGOTIABILITY ISSUE
 
    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 INVOLVES THE NEGOTIABILITY OF THE FOLLOWING UNION PROPOSAL:
 
                              ARTICLE XXXVII
 
    SECTION 1.  EACH EMPLOYEE SHALL BE PERMITTED TO RATE HIS/HER
 SUPERVISOR TWICE EACH YEAR AND
 
    MANAGEMENT SHALL TAKE INTO CONSIDERATION THE RATING OF SUPERVISORS BY
 EMPLOYEES ON SUCH
 
    MATTERS AS REMEDIAL TRAINING, DISCIPLINARY ACTIONS, PROMOTIONS AND
 OTHER APPROPRIATE MATTERS.
 
    UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE
 PARTIES' CONTENTIONS, THE AUTHORITY MAKES THE FOLLOWING DETERMINATION.
 IN AGREEMENT WITH THE AGENCY, THE AUTHORITY FINDS THAT THIS PROPOSAL
 DOES NOT DIRECTLY RELATE TO CONDITIONS OF EMPLOYMENT OF UNIT EMPLOYEES.
 RATHER, IT PRIMARILY RELATES TO MATTERS AFFECTING SUPERVISORS WHO ARE
 STATED IN AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, NATIONAL COUNCIL
 OF EEOC LOCALS NO. 216, AFL-CIO AND EQUAL EMPLOYMENT OPPORTUNITY
 COMMISSION, WASHINGTON, D.C., 3 FLRA NO. 80(1980), THE UNION'S PROPOSAL
 IS OUTSIDE THE DUTY TO BARGAIN UNDER THE STATUTE.
 
    ACCORDINGLY, PURSUANT TO SECTION 2424.10 OF THE AUTHORITY'S RULES AND
 REGULATIONS (5 CFR 2424.10(1981)), IT IS ORDERED THAT THE UNION'S
 PETITION FOR REVIEW BE, AND IT HEREBY IS, DISMISSED.
 
    ISSUED, WASHINGTON, D.C., JANUARY 22, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY