09:1033(145)NG - NAGE LOCAL Rl4-89 and HQ, Army Air Defense Center and Fort Bliss, TX -- 1982 FLRAdec NG



[ v09 p1033 ]
09:1033(145)NG
The decision of the Authority follows:


 9 FLRA No. 145
 
 NATIONAL ASSOCIATION OF
 GOVERNMENT EMPLOYEES,
 LOCAL R14-89
 Union
 
 and
 
 HEADQUARTERS, U.S. ARMY
 AIR DEFENSE CENTER AND
 FORT BLISS, TEXAS
 Agency
 
                                            Case No. O-NG-266
 
                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) AND
 RAISES ISSUES CONCERNING THE NEGOTIABILITY OF TWO PROPOSALS ADVANCED BY
 THE UNION IN CONNECTION WITH BARGAINING OVER THE "IMPACT" ON UNIT
 EMPLOYEES OF A PROPOSED REORGANIZATION BY THE AGENCY.  UPON CAREFUL
 CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE PARTIES' CONTENTIONS,
 THE AUTHORITY MAKES THE FOLLOWING DETERMINATIONS.
 
                             UNION PROPOSAL 1
 
    PROPOSAL 5D.  - CHANGES WILL NOT BE ACCOMPLISHED UNTIL BOTH EMPLOYER
 AND EMPLOYEE AGREE TO
 
    THE STANDARDS/CRITICAL ELEMENTS.
 
    UNION PROPOSAL 1, AS EXPLAINED BY THE UNION, IN ESSENCE WOULD
 CONDITION THE AGENCY'S ABOLISHING POSITIONS AND REDISTRIBUTING THE
 DUTIES THEREOF TO OTHER POSITIONS ON THE AGREEMENT OF THE INCUMBENTS OF
 THE OTHER POSITIONS TO THE CRITICAL ELEMENTS AND PERFORMANCE STANDARDS
 DEVELOPED PURSUANT TO 5 U.S.C. 4302 FOR THOSE POSITIONS.  /1/ THE
 ASSIGNMENT OF DUTIES TO POSITIONS, HOWEVER, IS AN EXERCISE OF
 MANAGEMENT'S RIGHT TO ASSIGN WORK UNDER SECTION 7106(1)(2)(B) OF THE
 STATUTE.  SEE, E.G., NATIONAL TREASURY EMPLOYEES UNION AND DEPARTMENT OF
 THE TREASURY, INTERNAL REVENUE SERVICE, 7 FLRA NO. 35(1981)(UNION
 PROPOSAL6).  THE IDENTIFICATION OF CRITICAL ELEMENTS AND THE
 ESTABLISHMENT OF PERFORMANCE STANDARDS, FURTHERMORE, ARE MANAGEMENT
 RIGHTS UNDER SECTION 7106(A)(2)(A) AND (B) OF THE STATUTE.  SEE, E.G.,
 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, NATIONAL COUNCIL OF SOCIAL
 SECURITY PAYMENT CENTER LOCALS AND SOCIAL SECURITY ADMINISTRATION,
 OFFICE OF PROGRAM SERVICE CENTERS, BALTIMORE, MARYLAND, 7 FLRA NO.
 139(1982)(UNION PROPOSALS 6 AND 7).  IN THESE REGARDS, THE PROPOSAL AT
 ISSUE IS NOT MATERIALLY DISTINGUISHABLE FROM THE PROPOSAL BEFORE THE
 AUTHORITY IN AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL
 3004 AND DEPARTMENT OF THE AIR FORCE, OTIS AIR FORCE BASE,
 MASSACHUSETTS, 9 FLRA NO. 87(1982), WHICH CONDITIONED MANAGEMENT'S
 EXERCISE OF ITS RIGHT TO DETERMINE THE DUTIES AND FUNCTIONS TO BE
 INCLUDED IN PERFORMANCE APPRAISALS ON THE PRIOR EXERCISE OF MANAGEMENT'S
 RIGHT TO ASSIGN FORMAL TRAINING TO THE EMPLOYEES INVOLVED.  THE
 AUTHORITY HELD THAT PROPOSAL NONNEGOTIABLE UNDER THE STATUTE BECAUSE