10:0448(76)NG - Joint Council of Unions, GPO and Government Printing Office -- 1982 FLRAdec NG



[ v10 p448 ]
10:0448(76)NG
The decision of the Authority follows:


 10 FLRA No. 76
 
 JOINT COUNCIL OF UNIONS, GPO
 Union
 
 and
 
 U. S. GOVERNMENT PRINTING OFFICE
 Agency
 
                                            Case No. O-NG-397
 
                 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 PRESENTS ISSUES
 RELATING TO THE NEGOTIABILITY OF THE FOLLOWING UNION PROPOSAL.
 
    ARTICLE XIV (CORRECTIVE ACTION)
 
    SEC. 13.  IN CASES WHERE AN EMPLOYEE RECEIVES A LETTER PROPOSING
 HIS/HER SUSPENSION (OF
 
    MORE THAN 14 DAYS), DEMOTION, REMOVAL, OR AN ACTION OF SIMILAR
 NATURE, THE UNION MAY ELECT TO
 
    USE THE FOLLOWING PROCEDURE:
 
    1.  THE EMPLOYEE HAS THE RIGHT TO ANSWER ORALLY AND/OR IN WRITING AND
 TO FURNISH AFFIDAVITS
 
    AND OTHER DOCUMENTARY EVIDENCE IN SUPPORT OF THE ANSWER.  WRITTEN OR
 ORAL REPLIES ARE TO BE
 
    MADE TO THE OFFICIAL WHO ISSUES THE PROPOSED NOTICE.  THE RIGHT TO
 ANSWER ORALLY AND/OR IN
 
    WRITING ALSO PERMITS THE EMPLOYEE TO BE REPRESENTED BY HIS UNION, AN
 ATTORNEY OR OTHER
 
    REPRESENTATIVE OF HIS CHOICE, OR
 
    2.  THE EMPLOYEE, THROUGH HIS UNION, MAY ELECT, WITHIN 10 CALENDAR
 DAYS FROM THE RECEIPT OF
 
    THE LETTER OF THE PROPOSED ACTION, TO REQUEST THAT THE FOLLOWING
 FACT-FINDING PROCEDURE BE
 
    INVOKED:
 
    (A) THE FACT-FINDING WILL BE CONDUCTED BY AN IMPARTIAL THIRD PARTY
 WHO IS SELECTED BY THE
 
    PARTIES FROM A PANEL OF ARBITRATORS.  THE UNION AND THE GPO WILL EACH
 PAY ONE-HALF THE
 
    COST.  THIS PANEL WILL CONSIST OF ARBITRATORS WHO AGREE TO CONDUCT AN
 EXPEDITED TYPE OF
 
    HEARING AND AGREE THEY WILL RENDER A FINDING OF FACT WITHIN SEVEN (7)
 DAYS AFTER COMPLETION OF
 
    THE PRESENTATION TO THEM.
 
    (B) THE FACT-FINDING WILL DEAL ONLY WITH THE CIRCUMSTANCES WHICH ARE
 RELEVANT TO THE
 
    CURRENT ALLEGED VIOLATION OR VIOLATIONS OF APPLICABLE REGULATIONS.
 THE FACT FINDER'S REPORT
 
    WILL STATE HIS FINDINGS OF FACT AND RECOMMENDATION(S) AND HIS REASONS
 THEREFOR AND BE
 
    PRESENTED TO THE PARTIES.  THE PUBLIC PRINTER WILL REVIEW THE REPORT
 AND ISSUE A FINAL
 
    DECISION AS TO WHAT ACTION WILL BE TAKEN AND NOTIFY THE EMPLOYEE AND
 HIS REPRESENTATIVE WITHIN
 
    TWO WEEKS.
 
    (C) THE LETTER OF FINAL DECISION WILL INFORM THE EMPLOYEE AND THE
 UNION OF THEIR RIGHT TO
 
    APPEAL THE LETTER OF FINAL DECISION TO EITHER THE MERIT SYSTEMS
 PROTECTION BOARD OR PROCEED TO
 
    PARAGRAPH (D) SECTION 10, ARTICLE VIII OF THIS AGREEMENT.  /1/
 
    UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE
 PARTIES' CONTENTIONS, THE AUTHORITY MAKES THE FOLLOWI