11:0172(38)NG - NFFE Local 15 and Army, Rock Island Arsenal, IL -- 1983 FLRAdec NG



[ v11 p172 ]
11:0172(38)NG
The decision of the Authority follows:


 11 FLRA No. 38
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 15
 Union
 
 and
 
 DEPARTMENT OF THE ARMY, ROCK
 ISLAND ARSENAL, ILLINOIS
 Activity
 
                                            Case No. O-NG-307
 
                 DECISION AND ORDER ON NEGOTIABILITY ISSUE
 
    The petition for review in this case comes before the Authority
 pursuant to section 7105(a)(2)(D) and (E) of the Federal Service
 Labor-Management Relations Statute (the Statute), and raises an issue
 concerning the negotiability of the underscored portions of the
 following proposals.  Upon careful consideration of the entire record,
 including the parties' contentions, the Authority makes the following
 determinations.
 
                          Union Proposal 1 and 2
 
          Section 2.  Scope:  This Article applies to all promotion and
       placement actions taken within the Unit.
 
          Section 3.  AREA OF CONSIDERATION:
 
          (a) The minimum area will normally be confined to the
       organizational entity which will produce from three (3) to five
       (5) highly qualified candidates.  For positions GS-6 or below, the
       minimum area shall be no less than the Directorate Office or
       equivalent.  For positions GS-7 or above, the minimum area shall
       be no less than HQ ARCOM.  These minimum areas shall not apply in
       the following instances:
 
          (1) Where there is documented evidence in the promotion folders
       which supports the fact that the minimum area has not been
       provided three (3) to five (5) highly qualified candidates in the
       past.
 
          (2) Where, in the reasonable judgment of CPO representatives,
       the minimum area will not provide three (3) to five (5) highly
       qualified candidates.  Any extensions to the minimum area of
       consideration, other than that stated in subparagraphs (a) and
       (b), supra, shall not be accomplished without prior meeting and
       conferring with the Union.
 
          (b) If the minimum area is extended through application of
       Subparagraphs (1) and (2), supra, the following shall apply:
 
          (1) The areas of consideration shall be systematically
       expanded, in accordance with the Promotion Program, and may
       include mandatory referral levels established by CPR 950-1.
 
          (2) A RIA, CPO representative shall contact a designated Union
       official and express his or her reasons for the expansion of the
       minimum area.  The expansion of the minimum area shall be limited
       to an area which will reasonably provide three (3) to five (5)
       highly qualified candidates, in the best judgement of the Chief of
       Recruitment and Placement