National Federation of Federal Employees, Local 1437 (Union) and Army Armament Research and Development Command, Dover, New Jersey (Agency)

 



[ v08 p414 ]
08:0414(88)NG
The decision of the Authority follows:


 8 FLRA No. 88
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 1437
 Union
 
 and
 
 U.S. ARMY ARMAMENT RESEARCH
 AND DEVELOPMENT COMMAND, DOVER,
 NEW JERSEY
 Agency
 
                                            Case No. O-NG-598
 
                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
 PRESENTS ISSUES RELATING TO THE NEGOTIABILITY OF THE UNION PROPOSALS.
 UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE PARTIES'
 CONTENTIONS, THE AUTHORITY MAKES THE FOLLOWING DETERMINATIONS.
 
                             UNION PROPOSAL 1
 
    REQUIREMENT 8:  PERFORMANCE STANDARDS OF NONSUPERVISORY EMPLOYEES
 SHALL NOT INCLUDE
 
    ELEMENTS OF SUPERVISORY WORK, SUCH AS PERSONNEL MANAGEMENT, EEO,
 DEVELOPING PERFORMANCE
 
    STANDARDS FOR SUBORDINATES, ETC.
 
                             UNION PROPOSAL 2
 
    REQUIREMENT 9:  PERFORMANCE STANDARDS SHALL NOT CONTAIN A COMPENDIA
 OF ADMINISTRATIVE
 
    REGULATIONS, RULES, SOPS, AND THE LIKE AND SHALL NOT INCLUDE MATTERS
 OF GENERAL CONDUCT.
 
    IN AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 32 AND
 OFFICE OF PERSONNEL MANAGEMENT, WASHINGTON, D.C., 3 FLRA 784 (1980)
 (UNION PROPOSAL 4) THE AUTHORITY HELD THAT A PROPOSAL REQUIRING
 NEGOTIATION ON THE CONTENT OF PERFORMANCE STANDARDS WAS OUTSIDE THE DUTY
 TO BARGAIN IN THAT IT WOULD DIRECTLY INTERFERE WITH THE EXERCISE BY
 MANAGEMENT OF ITS RIGHTS TO DIRECT EMPLOYEES AND TO ASSIGN WORK UNDER
 SECTION 7106(A)(2)(A) AND (B) OF THE STATUTE.  /1/ UNION PROPOSALS 1 AND
 2 SIMILARLY WOULD BAR THE AGENCY FROM INCLUDING THE ENUMERATED MATTERS
 IN PERFORMANCE STANDARDS FOR BARGAINING UNIT EMPLOYEES.
 
    FURTHERMORE, WHILE THE UNION ASSERTS, IN ESSENCE, THAT PROPOSAL 2 IS
 AIMED AT EXCLUDING FROM PERFORMANCE STANDARDS ONLY MATTERS OF CONDUCT
 AND ADMINISTRATIVE DOCUMENTS THAT ARE NOT JOB RELATED, THE LANGUAGE OF
 THAT PROPOSAL GOES BEYOND SUCH INTENT.  PROPOSAL 2, AS DRAFTED, BROADLY
 WOULD PROHIBIT THE INCLUSION OF CERTAIN JOB RELATED MATTERS IN
 PERFORMANCE STANDARDS.  FOR EXAMPLE, THE AGENCY WOULD BE PREVENTED FROM
 INCLUDING WORK-RELATED MATTERS, SUCH AS COURTESY AND STANDING WORK
 PROCEDURES, IN PERFORMANCE STANDARDS.  CONSEQUENTLY, UNION PROPOSAL 2,
 ALSO, SEEKS TO NEGOTIATE THE CONTENT OF PERFORMANCE STANDARDS.
 
    BASED ON THE FOREGOING, FOR THE REASONS SET FORTH IN THE OFFICE OF
 PERSONNEL MANAGEMENT DECISION, THE PROPOSALS HEREIN ARE NOT WITHIN THE
 DUTY TO BARGAIN UNDER SECTION 7106(A)(2)(A) AND (B).  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., APRIL 30, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 --------------- FOOTNOTES: ---------------
 
 
    /1/ SECTION 7106(A) PROVIDES, IN PERTINENT PART:
 
    SEC. 7106.  MANAGEMENT RIGHTS
 
    (A) SUBJECT TO SUBSECTION (B) OF THIS SECTION, NOTHING IN THIS
 CHAPTER SHALL AFFECT THE AUTHORITY OF ANY MANAGEMENT OFFICIAL OF ANY
 AGENCY--
 
   .          .          .          .
 
 
    (2) IN ACCORDANCE WITH APPLICABLE LAWS--
 
    (A) TO . . . DIRECT . . . EMPLOYEES IN THE AGENCY . . .;
 
    (B) TO ASSIGN WORK . . .