09:0852(113)CA - 154th Tactical Fighter Group, Hawaii Air NG and AFGE Local 882 -- 1982 FLRAdec CA



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09:0852(113)CA
The decision of the Authority follows:


 9 FLRA No. 113
 
 154TH TACTICAL FIGHTER GROUP,
 HAWAII AIR NATIONAL GUARD
 Respondent
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 882
 Charging Party
 
                                            Case No. 8-CA-836
 
                            DECISION AND ORDER
 
    THIS MATTER IS BEFORE THE AUTHORITY PURSUANT TO THE REGIONAL
 DIRECTOR'S "ORDER TRANSFERRING CASE TO THE AUTHORITY" IN ACCORDANCE WITH
 SECTION 2429.1(A) OF THE AUTHORITY'S RULES AND REGULATIONS.
 
    UPON CONSIDERATION OF THE ENTIRE RECORD IN THIS CASE, INCLUDING THE
 STIPULATION OF FACTS AND THE PARTIES' CONTENTIONS, THE AUTHORITY FINDS:
 
    THE CHARGING PARTY (THE UNION) IS THE EXCLUSIVE REPRESENTATIVE OF A
 UNIT CONSISTING OF CERTAIN OF THE RESPONDENT'S EMPLOYEES.  IN MAY 1980
 THE PARTIES BEGAN NEGOTIATION OF A SUCCESSOR COLLECTIVE BARGAINING
 AGREEMENT.  FOLLOWING NUMEROUS NEGOTIATION SESSIONS AND TENTATIVE
 AGREEMENT ON CERTAIN ARTICLES, IN NOVEMBER 1980 THE UNION SUBMITTED A
 NEW PROPOSAL ON A "PERFORMANCE APPRAISALS" ARTICLE WHICH, AMONG OTHER
 THINGS, PROVIDED FOR ARBITRATION OF ANY DISPUTE RELATING TO THAT
 ARTICLE.  /1/ THE RESPONDENT COUNTER PROPOSED THAT ACTIONS BASED ON
 UNACCEPTABLE PERFORMANCE AND APPEALS OF PERFORMANCE APPRAISALS BE
 EXCEPTED FROM THE SCOPE OF THE NEGOTI