09:1025(142)NG - AFGE Local 1760 and HHS, SSA, Northeast Program Service Center -- 1982 FLRAdec NG



[ v09 p1025 ]
09:1025(142)NG
The decision of the Authority follows:


 9 FLRA No. 142
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 1760
 Union
 
 and
 
 DEPARTMENT OF HEALTH AND HUMAN
 SERVICES, SOCIAL SECURITY ADMINISTRATION
 NORTHEAST PROGRAM SERVICE CENTER
 Activity
 
                                            Case No. O-NG-443
 
                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).
 UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE PARTIES'
 CONTENTIONS, THE AUTHORITY MAKES THE FOLLOWING DETERMINATIONS.
 
                             UNION PROPOSAL 1
 
    THE EMPLOYER AGREES THAT NO EMPLOYEE WILL BE DEMOTED, TERMINATED OR
 THREATENED WITH SUCH
 
    ACTION BASED UPON WORK PERFORMANCE IN THE RESTRUCTURED POSITIONS
 WITHOUT FIRST PROVIDING THE
 
    EMPLOYEE AN OPPORTUNITY TO PERFORM SATISFACTORILY AT A LIKE-GRADED
 POSITION
 
    THE AUTHORITY CONCLUDES THAT UNION PROPOSAL 1 IMPROPERLY WOULD
 ESTABLISH A CONDITION (PROVIDING AN EMPLOYEE PERFORMING UNSATISFACTORILY
 THE "OPPORTUNITY TO PERFORM SATISFACTORILY AT A LIKE-GRADED POSITION")
 UPON THE AGENCY'S ABILITY TO TERMINATE OR DEMOTE, I.E., TO "REMOVE" OR
 TO "REDUCE IN GRADE" EMPLOYE