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 RULES AND REGULATIONS (5 CFR 2424.1 ET
SEQ.(1981)).
CONSEQUENTLY, FOR THE REASONS STATED IN THE CITED KANSAS CITY SERVICE
CENTER DECISION, /1/ 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., MARCH 11, 1982
RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
LEON B. APPLEWHAITE, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY
--------------- FOOTNOTES: ---------------
/1/ SEE ALSO ASSOCIATION OF CIVILIAN TECHNICIANS, ALABAMA ACT AND
STATE OF ALABAMA NATIONAL GUARD, 2 FLRA 314(1979).