National Treasury Employees Union (Union) and Internal Revenue Service (Agency)

 



[ v08 p30 ]
08:0030(5)NG
The decision of the Authority follows:


 8 FLRA No. 5
 
 NATIONAL TREASURY EMPLOYEES UNION
 Union
 
 and
 
 INTERNAL REVENUE SERVICE
 Agency
 
                                            Case No. 0-NG-331
 
                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 RAISES ISSUES CONCERNING THE NEGOTIABILITY OF THE FOLLOWING TWO
 UNION PROPOSALS:
 
    1.  EVALUATIVE CONCLUSIONS BASED ON THE STATISTICAL DATA GENERATED BY
 THE ROCKWELL-COLLINS
 
    ACD-V SYSTEM MUST BE ACCOMPANIED BY EVIDENCE GATHERED BY OTHER
 EVALUATIVE TECHNIQUES
 
    I.E. OBSERVATION OF EMPLOYEE BEHAVIOR.  THIS EVIDENCE MUST BE
 SUFFICIENT TO LEAVE NO
 
    REASONABLE DOUBT THAT THE STATISTICAL DATA DOES INDEED REPRESENT
 INEFFICIENT OR IMPROPER
 
    ACTIVITY BY THE EMPLOYEE.
 
    2.  EVALUATIVE CONCLUSIONS BASED ON THE STATISTICAL DATA GENERATED BY
 THE DORMS SYSTEM MUST
 
    BE ACCOMPANIED BY EVIDENCE GATHERED BY OTHER EVALUATIVE TECHNIQUES
 I.E. OBSERVATION OF
 
    EMPLOYEE BEHAVIOR.  THIS OTHER EVIDENCE MUST BE SUFFICIENT TO LEAVE
 NO REASONABLE DOUBT THAT
 
    THE STATISTICAL DATA DOES INDEED REPRESENT INEFFICIENT OR IMPROPER
 ACTIVITY BY THE EMPLOYEE.
 
    UPON CAREFUL CONSIDERATION OF THE ENTIRE R