09:0816(104)NG - AFSCME Local 29l0 and Library of Congress, Washington, DC -- 1982 FLRAdec NG



[ v09 p816 ]
09:0816(104)NG
The decision of the Authority follows:


 9 FLRA No. 104
 
 AMERICAN FEDERATION OF
 STATE, COUNTY AND
 MUNICIPAL EMPLOYEES,
 AFL-CIO, LOCAL 2910
 Union
 
 and
 
 LIBRARY OF CONGRESS,
 WASHINGTON, D.C.
 Agency
 
                                            Case No. O-NG-470
 
                 DECISION AND ORDER ON NEGOTIABILITY ISSUE
 
    THE PETITION FOR REVIEW IN THIS CASE COMES BEFORE THE AUTHORITY
 PURSUANT TO SECTION 7105(A)(2)(E) OF THE FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE), THE ISSUE PRESENTED IS
 THE NEGOTIABILITY OF THE FOLLOWING PROPOSAL.
 
                              UNION PROPOSAL
 
    ONLY EMPLOYEES WHO OCCUPIED BARGAINING UNIT POSITIONS IMMEDIATELY
 PRIOR TO PLACEMENT MAY BE
 
    PLACED INTO OTHER BARGAINING UNIT POSITIONS IN A REDUCTION-IN-FORCE
 OR I;  A SELECTION UNDER A
 
    PRIORITY PLACEMENT PLAN.  PERSONS FROM OUTSIDE A BARGAINING UNIT MAY
 NOT BE PLACED INTO
 
    BARGAINING UNIT POSITIONS EXCEPT PURSUANT TO ARTICLE XVIII, MERIT
 EMPLOYMENT AND PROMOTIONS,
 
    OF THE COLLECTIVE BARGAINING AGREEMENT.
 
    UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE
 PARTIES' CONTENTIONS, THE AUTHORITY MAKES THE FOLLOWING DETERMINATION.
 UNDER SECTION 7106(A)(2)(C) OF THE STATUTE, /1/ MANAGEMENT HAS THE
 RIGHT, IN FILLING POSITIONS, TO MAKE APPOINTMENTS FROM PROMOTION
 CERTIFIC