09:0899(122)NG - AFGE Local l923 and HHS, SSA -- 1982 FLRAdec NG



[ v09 p899 ]
09:0899(122)NG
The decision of the Authority follows:


 9 FLRA No. 122
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 1923
 Union
 
 and
 
 DEPARTMENT OF HEALTH AND HUMAN SERVICES,
 SOCIAL SECURITY ADMINISTRATION
 Agency
 
                                            Case No. O-NG-465
 
                 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), AND RAISES ISSUES
 CONCERNING THE NEGOTIABILITY OF THE FOLLOWING UNION PROPOSAL:
 
    THE SOCIAL SECURITY ADMINISTRATION HEREWITH AGREES TO UNDERTAKE EVERY
 POSSIBLE MEASURE TO
 
    INSURE THE REPLACEMENT OF THE SSA-831/833 (J4422-J4424) WORKLOAD
 PROCESS, WITH, AT THE
 
    MINIMUM, ANOTHER POSITION OR WORK OF EQUIVALENT SIGNIFICANCE AND
 GRADE VALUE.  THIS POSITION
 
    OR WORK WILL BE A YEAR ROUND POSITION AND STATUS.  ALL FULL TIME
 PERMANENTS WHO OCCUPY THESE
 
    POSITIONS WILL RECEIVE FORMALIZED TRAINING.  TRAINING WILL BE
 REASONABLE AND ADEQUATE SO THAT
 
    EACH EMPLOYEE WILL ATTAIN A SATISFACTORY ACHIEVEMENT LEVEL.  MEDIAN
 OR BASIC REQUIREMENT
 
    FIGURES FOR THIS POSITION OR REPLACED WORK WILL NOT BE ESTABLISHED OR
 IMPLEMENTED UNTIL THE
 
    FULL COLLECTIVE BARGAINING PROCESS ON THIS SUBJECT IS COMPLETED.
 
    UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE
 PARTIES' CONTENTIONS, THE AUTHORITY MAKES THE FOLLOWING DETERMINATIONS.
 IN AGREEMENT WITH THE AGENCY, THE AUTHORITY FINDS THAT THIS PROPOSAL,
 CONSTRUED AS A WHOLE, DIRECTLY INTERFERES WITH MANAGEMENT RIGHTS UNDER
 SECTION 7106(A)(2)(A) AND (B) OF THE STATUTE.
 
    IN NATIONAL ASSOCIATION OF AIR TRAFFIC SPECIALISTS AND DEPARTMENT OF
 TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION, 6 FLRA NO. 106(1981)
 (PROPOSALS I - III), THE AUTHORITY FOUND THAT PROPOSALS WHICH WOULD
 REQUIRE MANAGEMENT TO GIVE UNIT EMPLOYEES REFRESHER AND SUPPLEMENTAL
 TRAINING AND TO PROVIDE FORMAL TRAINING TO ALL UNIT EMPLOYEES IN OTHER
 SPECIFIC AREAS CONFLICTED WITH MANAGEMENT'S RIGHT TO "ASSIGN WORK" UNDER
 SECTION 7106(A)(2)(B) OF THE STATUTE AND THEREFORE WERE NONNEGOTIABLE.
 SEE ALSO INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL-CIO, LOCAL
 121 AND U.S. GOVERNMENT PRINTING OFFICE, WASHINGTON, D.C., 8 FLRA NO.
 35(1982).  THE PROPOSAL HEREIN LIKEWISE WOULD REQUIRE THE AGENCY TO
 ASSIGN FORMAL TRAINING TO BARGAINING UNIT EMPLOYEES WHERE WORK HAS BEEN
 ELIMINATED OR TRANSFERRED TO ENABLE THEM TO PERFORM IN A REPLACEMENT
 "POSITION OF EQUIVALENT SIGNIFICANCE AND GRADE VALUE." THE UNION CLAIMS
 THAT, PURSUANT TO THE FIRST SENTENCE OF ITS PROPOSAL REQUIRING THE
 AGENCY ONLY "TO UNDERTAKE EVERY POSSIBLE MEASURE," MANAGEMENT RETAINS
 THE DISCRETION TO DECIDE WHETHER TO REPLACE THE ELIMINATED WORKLOAD.  IT
 IS NOT CLAIMED, HOWEVER, THAT SUCH LANGUAGE WOULD PRESERVE MANAGEMENT'S
 DISCRETION WITH RESPECT TO TRAINING.  IN ANY EVENT, THE PROPOSAL, ON ITS
 FACE, IS CLEAR IN REQUIRING MANAGEMENT TO PROVIDE "FORMALIZED TRAINING"
 TO ALL FULL TIME PERMANENT EMPLOYEES WHO OCCUPY REPLACEMENT POSITIONS.
 SINCE THE PROPOSAL WOULD REQUIRE THE AGENCY TO ASSIGN SPECIFIC WORK TO
 BARGAINING UNIT EMPLOYEES (I.E., TRAINING) IT IS, FOR THE REASONS MORE
 FULLY STATED IN THE ABOVE-CITED DECISIONS, NOT WITHIN THE DUTY TO
 BARGAIN.  /1/
 
    FURTHER, THE LAST SENTENCE OF THE PROPOSAL WOULD REQUIRE BARGAINING
 OVER THE "BASIC REQUIREMENT FIGURES," I.E., THE PERFORMANCE STANDARDS
 FOR THE JOBS IN QUESTION.  IN NATIONAL TREASURY EMPLOYEES UNION AND
 DEPARTMENT OF THE TREASURY, BUREAU OF THE PUBLIC DEBT, 3 FLRA 768(1980),
 APPEAL DOCKETED, NO. 80-1895 (D.C. CIR. AUG. 4, 1980), THE AUTHORITY
 HELD THAT A PROPOSAL REQUIRING NEGOTIATION OF 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.  SINCE THE PROPOSAL HEREIN SIMILARLY WOULD REQUIRE
 NEGOTIATION OVER THE PERFORMANCE STANDARDS FOR THE JOB, IT IS, FOR THE
 REASO