American Federation of Government Employees, Local 3004, AFL-CIO (Union) and Department of the Air Force, Massachusetts Air National Guard, Otis Air Force Base, Massachusetts (Agency)

 



[ v08 p192 ]
08:0192(36)NG
The decision of the Authority follows:


 8 FLRA No. 36
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES,
 AFL-CIO, LOCAL 3004
 Union
 
 and
 
 DEPARTMENT OF THE AIR FORCE,
 MASSACHUSETTS AIR
 NATIONAL GUARD, OTIS AIR
 FORCE BASE, MASSACHUSETTS
 
                                            Case No. 0-NG-485
 
                 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 PRESENTS ISSUES RELATING TO THE NEGOTIABILITY OF THE FOLLOWING UNION
 PROPOSAL.
 
 
    AFTER THE TRAINING HAS BEEN ACCOMPLISHED, THE UNION, AT ITS ELECTION,
 SHALL BE ALLOWED TO
    HAVE AN OBSERVER PRESENT DURING THE PROCESS OF PEP (PROMOTION
 EVALUATION PATTERN) DEVELOPED
    FOR POSITION WITHIN THE BARGAINING UNIT.  THIS STATUS WILL BE ALLOWED
 FOR UP TO 10 DIFFERENT
    PEP'S WITH THE SELECTION OF THE PEP'S AT THE UNION'S OPTION. THE
 UNION WILL BE NOTIFIED AS TO
    WHEN PEP'S ARE TO BE DEVELOPED.  SUGGESTED CHANGES SUBMITTED BY THE
 UNION AT THIS STAGE SHALL
    BE NEGOTIATED PRIOR TO THE APPLICATION OF THE PEP.  (ACCORDING TO THE
 PARTIES, ONLY THE UNDERLINED PORTION OF THE PROPOSAL IS IN DISPUTE.)
 
 
    UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE
 PARTIES' CONTENTIONS, THE AUTHORITY MAKES THE FOLLOWING DETERMINATION.
 
    THE UNION PROPOSAL IS NOT SUFFICIENTLY DELIMITED IN FORM AND CONTENT
 TO MEET THE AUTHORITY'S CONDITIONS FOR REVIEW.  THE AGENCY DESCRIBES
 "PEP," REFERENCED IN THE PROPOSAL, AS " . . . AN OBJECTIVE STATEMENT OF
 POSITION REQUIREMENTS AGAINST WHICH EMPLOYEES ARE EVALUATED" IN
 COMPETITION FOR VACANT POSITIONS.  THE PROPOSAL, HOWEVER, DOES NOT
 IDENTIFY WHAT ASPECTS OF THE PEP'S THE UNION WISHES TO NEGOTIATE OR WHAT
 SPECIFIC MODIFICATIONS ARE SOUGHT.  IN THIS RESPECT, THE DISPUTED
 PORTION OF THE INSTANT PROPOSAL DOES NOT DIFFER MATERIALLY FROM THE ONE
 BEFORE THE AUTHORITY IN NATIONAL TREASURY EMPLOYEE UNION, CHAPTER 66 AND
 DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE, KANSAS CITY
 SERVICE CENTER, KANSAS CITY, MISSOURI, 2 FLRA 320(1979), CONCERNING THE
 WEIGHTS TO BE ASSIGNED TO EVALUATION FACTORS FOR A SPECIFIC POSITION.
 THE AUTHORITY FOUND, INTER ALIA, THAT THE UNION'S FAILURE TO IDENTIFY
 THE WEIGHTS IT SOUGHT TO APPLY TO THE EVALUATION FACTORS RENDERED THE
 PROPOSAL INSUFFICIENTLY SPECIFIC AND DELIMITED IN FORM AND CONTENT TO
 PERMIT A NEGOTIABILITY DETERMINATION AND, HENCE, DID NOT MEET THE
 CONDITIONS FOR REVIEW SET FORTH IN SECTION 7117 OF THE STATUTE AND PART
 2424.1 OF THE AUTHORITY'S RULE