09:0158(21)NG - NTEU and NTEU Chapter 213 and Energy, Washington, DC -- 1982 FLRAdec NG



[ v09 p158 ]
09:0158(21)NG
The decision of the Authority follows:


 9 FLRA No. 21
 
 NATIONAL TREASURY EMPLOYEES UNION
 AND NTEU CHAPTER 213
 Union
 
 and
 
 DEPARTMENT OF ENERGY,
 WASHINGTON, D.C.
 Agency
 
                                            Case No. 0-NG-205
 
                 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 RAISES ISSUES REGARDING THE NEGOTIABILITY OF THE FOLLOWING UNION
 PROPOSAL.  /1/
 
                              UNION PROPOSAL
 
    ALL BARGAINING UNIT VACANCIES OCCURRING AFTER OCTOBER 21, 1979 WILL
 BE FILLED IN ACCORDANCE
 
    WITH THE DOE HEADQUARTERS CLASSIFICATION AND PLACEMENT PLAN.
 
    UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE
 CONTENTIONS OF THE PARTIES, THE AUTHORITY MAKES THE FOLLOWING
 DETERMINATION.  UNDER SECTION 7106(A)(2)(C) OF THE STATUTE, /2/
 MANAGEMENT HAS THE RIGHT, IN FILLING POSITIONS, TO MAKE APPOINTMENTS
 FROM PROMOTION CERTIFICATES OR FROM ANY OTHER APPROPRIATE SOURCE.  THE
 PROPOSAL IN THIS CASE WOULD REQUIRE THE AGENCY, WHEN IT DECIDES TO FILL
 A VACANT BARGAINING UNIT POSITION, NOT ONLY TO CONSIDER BUT TO SELECT A
 PARTICIPANT OF THE AGENCY'S "CLASSIFICATION AND PLACEMENT P