National Treasury Employees Union (Union) and Department of Health and Human Services, Region X, Seattle, Washington (Agency)

 



[ v07 p792 ]
07:0792(136)NG
The decision of the Authority follows:


 7 FLRA No. 136
 
 NATIONAL TREASURY EMPLOYEES UNION
 Union
 
 and
 
 DEPARTMENT OF HEALTH AND HUMAN SERVICES,
 REGION X, SEATTLE, WASHINGTON
 Agency
 
                                          Case No. O-NG-371
 
                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 INVOLVES THE NEGOTIABILITY OF THE FOLLOWING TWO UNION PROPOSALS.
 UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE PARTIES'
 CONTENTIONS, THE AUTHORITY MAKES THE FOLLOWING DETERMINATIONS:
 
                             UNION PROPOSAL I
 
    (A) EXPERIENCE, AS DEFINED FOR RATING AND RANKING PURPOSES WILL BE
 NEGOTIATED FOR EACH
 
    POSITION BETWEEN THE UNION AND MANAGEMENT.  THE WEIGHT TO BE ASSIGNED
 TO EACH EXPERIENCE
 
    FACTOR WILL ALSO BE NEGOTIATED.
 
                             UNION PROPOSAL II
 
    THE EMPLOYER HAS FIXED RATES FOR EXPERIENCE FACTORS.  THE WEIGHT TO
 BE ASSIGNED TO EACH
 
    EXPERIENCE FACTOR WILL BE NEGOTIATED BETWEEN THE EMPLOYER AND THE
 UNION WHENEVER THE EMPLOYER
 
    CREATES A NEW POSITION, RECLASSIFIES A POSITION, AND/OR PROPOSES TO
 CHANGE THE WEIGHT OF ANY
 
    EXPERIENCE FACTOR OF ANY BARGAINING UNIT POSITION. THE UNION SHALL BE
 SUPPLIED WITH THE
 
    CURRENT WEIGHTS ASSIGNED EACH FACTOR OF EACH POSITION WITHIN 30 DAYS
 FOLLOWING THE EFFECTIVE
 
    DATE OF THIS AGREEMENT. THE PARTIES WILL NEGOTIATE THE WEIGHTS OF
 EXPERIENCE FACTORS FOR
 
    TWENTY (20) POSITIONS A YEAR AS SELECTED BY THE UNION.
 
    THE AUTHORITY CONCLUDES THAT UNION PROPOSALS I AND II ARE NOT
 SUFFICIENTLY SPECIFIC AND DELIMITED IN FORM AND CONTENT TO MEET THE
 AUTHORITY'S CONDITIONS FOR REVIEW.  IN NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 1167 AND DEPARTMENT OF THE AIR FORCE, HEADQUARTERS,
 31ST COMBAT SUPPORT GROUP (TAC), HOMESTEAD AIR FORCE BASE, FLORIDA, 6
 FLRA NO. 105(1981), THE AUTHORITY DISMISSED A UNION PETITION FOR REVIEW
 OF A GENERAL PROPOSAL (PROPOSAL 5), LIKE UNION PROPOSALS I AND II
 HEREIN, THAT SOUGHT TO NEGOTIATE WEIGHTS WHICH WOULD BE APPLIED, INTER
 ALIA, TO EVALUATION FACTORS FOR PROMOTIONS.  IN SO DOING, THE AUTHORITY
 NOTED THAT THE PROPOSAL WAS NOT SUFFICIENTLY SPECIFIC AND DELIMITED IN
 FORM AND CONTENT FOR THE AUTHORITY TO ISSUE A NEGOTIABILITY DECISION
 THEREON BECAUSE IT FAILED TO SPECIFICALLY IDENTIFY PARTICULAR FACTORS,
 METHODS, OR FORMS TO BE NEGOTIATED OR THE WEIGHTS TO BE APPLIED TO SUCH
 FACTORS.  ACCORD, NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 66 AND
 DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE, KANSAS CITY
 SERVICE CE