11:0209(47)NG - NTEU and NTEU Chapters 153, 161 and 183 and Customs Service, Region II -- 1983 FLRAdec NG



[ v11 p209 ]
11:0209(47)NG
The decision of the Authority follows:


 11 FLRA No. 47
 
 NATIONAL TREASURY EMPLOYEES
 UNION AND NTEU CHAPTERS 153,
 161 AND 183
 Union
 
 and
 
 U.S. CUSTOMS SERVICE, REGION II
 Agency
 
                                            Case No. O-NG-29
 
                DECISION AND ORDER ON NEGOTIABILITY ISSUES
 
    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 three Union proposals.  The text of the
 proposals is set forth in the Appendix.
 
    Union Proposals 1 and 2 would establish "crediting plans" for use in
 establishing the relative merit of the eligible candidates for promotion
 to two bargaining unit positions.  For the reasons discussed below, the
 Authority determines that these two proposals are within the Agency's
 duty to bargain.  /1/
 
    Promotion candidates must be reviewed to determine both their basic
 eligibility and their relative qualifications for the positions to be
 filled.  As to basic eligibility, the minimum qualification requirements
 for a particular position are those established by the Office of
 Personnel Management (OPM), as supplemented by any "selective factors"
 added by the agency involved, i.e., knowledges, skills or abilities
 essential to successful performance in the job to be filled.  /2/ A
 candidate who fails to meet those minimum qualification requirements is
 generally not eligible for further consideration.  /3/
 
    Once unqualified candidates have been eliminated from the
 competition, evaluation procedures are applied to measure or "rate" the
 relative qualifications of the eligible candidates.  The rated
 candidates are then "ranked" so that the selection can be made from
 among those who are best qualified.
 
    The qualifications of eligible candidates are evaluated on the basis
 of predetermined criteria by agencies using various methods in
 accordance with legal and regulatory requirements under guidelines
 promulgated by OPM.  The criteria provide the standards against which
 the candidates' qualifications are measured.  One method of guiding the
 measurement process, avoiding inconsistencies in the ratings assigned by
 various raters, and providing documentation of the rating process is
 through the use of "crediting plans" such as those involved in the
 present case.  A crediting plan is a set of criteria which reflect the
 specific knowledges, skills, abilities, and other characteristics which
 management has determined are required for the successful performance of
 the job to be filled.  Such a plan provides for each criterion, at each
 crediting level, definitions and/or examples of relevant factors such as
 experience, training, and education.  The raters compare the candidates'
 backgrounds with these crediting level definitions and examples to
 measure the extent to which each candidate possesses the knowledges,
 skills, abilities and other characteristics required for the position as
 reflected in the criteria of the crediting plan.
 
    The Agency contends that the proposals at issue herein are
 nonnegotiable because they interfere with its rights under section
 7106(a)(2) of the Statute to make selections for appointments, to
 determine the personnel by which Agency operations shall be conducted,
 and to hire employees in the Agency.  /4/ In addition, the Agency
 contends that the proposals are inconsistent with subchapter S6 of FPM
 Supplement 335-1.
 
    Section 7106(a)(2)(C) of the Statute reserves to management the right
 to make selections for appointments from among properly ranked and
 certified candidates for promotion or from any other appropriate source.
  Thus, proposals which require selection from a certificate of highly
 qualified candidates are inconsistent with section 7106(a)(2)(C) since
 management would be prevented from expanding the area of consideration
 or from selecting a candidate from any other appropriate source.
 American Federation of Government Employees, AFL-CIO, Local 2494 and
 Strategic Weapons Facility Pacific, Bremerton, Washington, 7 FLRA No. 90
 (1982);  American Federation of Government Employees, AFL-CIO, Local 32
 and Office of Personnel Management, Washington, D.C., 8 FLRA No. 97
 (1982).  Of course, the exercise of this management right is subject to
 the obligation to negotiate the procedures to be observed in its
 exercise and appropriate arrangements for employees adversely affected
 thereby.  /5/ Thus, the Authority has held that a proposal which limits
 the initial area of consideration of candidates for filling vacant
 positions, but which does not prevent management from considering other
 candidates, from expanding the area of consideration, or from making an
 appointment from any appropriate source is not inconsistent with section
 7106(a)(2)(C).  Association of Civilian Technicians, Delaware Chapter
 and National Guard Bureau, Delaware National Guard, 3 FLRA 56 (1980).
 
    As already mentioned, in the present case, Union Proposals 1 and 2
 would prescribe the particular crediting plans for evaluating candidates
 for certain Agency positions.  The proposed crediting plans would only
 apply to candidates who are determined by management to be at least
 minimally qualified for the positions involved.  Furthermore, such plans
 would be used only to rate and rank such qualified candidates and would
 not be used to eliminate any candidate from further consideration for
 selection.  /6/ Finally, in this connection, the proposals would not
 require the Agency to select a specific candidate or to limit the Agency
 to a specific source of candidates.  /7/ In this regard, the Union
 expressly intends its proposals to leave the Agency free to select or
 not to select any qualified candidate for the position from any
 appropriate source.  /8/ Consequently, Proposals 1 and 2 constitute
 procedures which would not prevent the Agency from acting at all to
 establish the minimum qualification requirements for a position or from
 selecting any qualified candidate from any appropriate source.
 
    Similarly, Union Proposals 1 and 2 are not inconsistent with
 management's rights to determine the personnel by which Agency
 operations shall be conducted or to hire employees.  These proposals do
 not restrict in any manner management determinations as to such
 personnel and the knowledge, skills, and abilities which such personnel
 must possess in order to do the work.  Rather, the proposals would only
 establish criteria for more precisely evaluating the experience and
 education of qualified candidates and, moreover, as noted previously,
 would not prevent management from selecting any qualified candidate for
 appointment from any appropriate source.  It follows, perforce, that the
 proposals would not prevent management from exercising its discretion to
 hire employees in the Agency.  /9/ Finally, the Agency argues that the
 provisions of subchapter S6, FPM Supplement 335-1, /10/ preclude it from
 disclosing or negotiating the content of its crediting plans.  The
 purpose of those provisions, as stated therein, is "to maintain the
 security and control of examination materials which, if exposed to
 unauthorized persons, might provide unfair advantage to some candidates
 or otherwise compromise the utility of the selection procedure." Hence,
 the content of crediting plans can be released consistent with
 subchapter S6 of FPM Supplement 335-1 if the release would not create
 any unfair advantage to some candidates or compromise the utility of the
 selection process.  /11/ The Agency here has not demonstrated, nor is it
 apparent, that disclosing the crediting plans in question would create
 any unfair advantage or compromise the selection process.  To the
 contrary, assuming that all candidates have equal access to the content
 of the crediting plan, no candidate would be disadvantaged by its
 disclosure, nor would the selection process be compromised.  Thus, the
 disclosure of the crediting plans set forth in Proposals 1 and 2 would
 not be inconsistent with subchapter S6, FPM Supplement 335-1.
 Accordingly, without reaching the question of whether that provision
 constitutes a Government-wide rule or regulation, subchapter S6 does not
 bar negotiation of Proposals 1 and 2.
 
    Union Proposal 3, both on its face and as interpreted by the Union,
 would require negotiations concerning the substance of performance
 standards for the position of Customs Aid.  In National Treasury
 Employees Union and Department of the Treasury, Bureau of the Public
 Debt, 3 FLRA 768 (1980), affirmed sub nom. National Treasury Employees
 Union v. Federal Labor Relations Authority, 691 F.2d 553 (D.C. Cir.
 1982), the Authority held that a proposal requiring negotiation on the
 content of performance standards for job retention 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 Union Proposal 3
 herein similarly would require negotiation over the performance
 standards for, inter alia, job retention, it is, for the reasons more
 fully stated in Bureau of the Public Debt, not within the duty to
 bargain.
 
                                   ORDER
 
    Pursuant to section 2424.10 of the Authority's Rules and Regulations
 (5 CFR 2424.10 (1982)), IT IS ORDERED that the Agency shall upon request
 (or as otherwise agreed to by the parties) bargain concerning Union
 Proposals 1 and 2.  /12/ IT IS FURTHER ORDERED that the Union's petition
 for review of Union Proposal 3 be, and it hereby is, dismissed.  Issued,
 Washington, D.C., February 3, 1983
                                       Ronald W. Haughton, Chairman
                                       Henry B. Frazier III, Member
                                       Leon B. Applewhaite, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
                                 APPENDIX
 
                             UNION PROPOSAL 1
 
    Crediting Plan for Import Specialist GS 5/7
 
    Criterion #1 - Demonstrated ability and willingness to comprehend and
 learn the laws, regulations, policies and practices pertaining to the
 field of classification and value.
 
    Related factors on the CF 188 -
 
          1) Attitude
 
          8) Initiative
 
          9) Learning Ability.
 
    I.  "A" - two out of the following four:
 
    1.  Not lower than 4s on the above CF 188 factors.
 
    2.  Experience within the Customs Service:
 
          a) One year experience in a career ladder position dealing with
       laws and regulations.
 
                                    OR
 
          b) Two years experience in any position in support of those
       dealing with laws or regulations.  Examples of positions of this
       type are Customs Aids, Inspectional Aids, etc.
 
    3.  Experience outside the Customs Service:
 
    Two years of technical experience working with laws or regulations
 
    4.  Any four year degree.
 
    II.  "B" - two out of the following four
 
    1.  Not lower than 3s on the above CF 188 factors
 
    2.  Experience within the Customs Service:
 
          a) At least 6 months experience in a career ladder position
       dealing with laws or regulations.
 
                                    OR
 
          b) At least one year experience in support of those dealing
       with laws or regulations.
 
                                    OR
 
          c) Two years experience in any position in the Customs Service.
 
    3.  Experience outside the Customs Service - One year of technical
 experience working with laws or regulations.
 
    4.  Any two year degree or the equivalent
 
                                    OR
 
    Successful completion of any course directly related to Customs Laws
 or regulations.
 
    Criterion #2 - Ability to apply knowledge and experience to make
 logical and accurate decisions.
 
    Related Factors on the CF 188 -
 
          3) Judgment
 
          5) Job Knowledge
 
          8) Initiative
 
    I.  "A" - two out of the following four:
 
    1.  Not lower than four in any of the above CF 188 factors
 
    2.  75 or better on the Pace test OR two suggestion Awards
 
    3.  Experience within the Customs Service (the same as listed for
 Criterion #1, "A" level)
 
    4.  Experience outside the Customs Service - two years of experience
 which demonstrates the ability to make decisions independently.
 
    II.  "B" - two out of the following four:
 
    1.  Not lower than three in any of the above CF 188 factors.
 
    2.  41-74 on the PACE test OR one suggestion Award
 
    3.  Experience within the Customs Service (the same as listed for
 Criterion #1, "B" level, (a) and (B) only - not c)
 
    4.  Experience outside the Customs Service - One year of experience
 demonstrating independent decision making.
 
    Criterion #3 - Ability to assemble information for the preparation of
 written reports and technical correspondence.
 
    Related factors on the CF 188 -
 
          3) Judgment
 
          5) Job Knowledge
 
          12) Written communication
 
    I.  "A" - two out of the following four
 
    1.  Not lower than 4s in the above related CF 188 factors
 
    2.  Two years experience related to the assembly of information
 and/or writing of reports.
 
    3.  One of the following:
 
          a) A two year degree or the equivalent
 
          b) A specific course in writing
 
          c) A well prepared, coherent CF 67
 
    4.  Two suggestion awards OR a PACE score of 69 or above
 
    II.  "B" - two of the following four:
 
    1.  Not lower than 3 in the above CF 188 factors
 
    2.  One year experience related to the assembly of information and/or
 the writing of reports.
 
    3.  Any courses above the high school level OR a coherent CF 67
 
    4.  One suggestion award or a PACE score of 41-68
 
    Criterion #4 - Ability to meet and deal effectively with people of
 varied backgrounds.
 
    Related factors on the CF 188 -
 
          1) Attitude
 
          10) Tact
 
          11) Oral Communication
 
    I.  "A" - At least two years of experience in a position or positions
 which would demonstrate the ability to deal with people with a variety
 of backgrounds.  This experience may be concurrent and may be within
 and/or outside of the Customs Service.  In addition, one of the
 following:
 
    1.  At least two 4s and one 3 in the above CF 188 factors
 
    2.  Courses or training specifically related to the criteria
 
    3.  Awards and/or commendations related to the criterion.
 
    II.  "B" - At least one year experience in a position as defined for
 the "A" level and one of the following:
 
    1.  At least one four and two 3s in the related factors
 
    2.  training or other courses specifically related.
 
    3.  Awards and/or commendations related to the criterion.
 
    III.  "C" - At least six months experience which would demonstrate an
 ability to deal with people, co-workers, the public, etc. and one of the
 following:
 
    1.  At least 3s in the CF 188 factors
 
    2.  Training or other courses related to the criterion.
 
    3.  Awards and/or commendations related to the criterion.
 
    Criterion #5 - General knowledge of the Customs organization and
 mission.
 
    Related factors on the CF 188 -
 
                                   NONE
 
    I.  "A" - At least one year experience in a career ladder position OR
 at least two years experience in a technical, non clerical position in
 support of career ladder positions (such as Inspectional Aid) and two
 years experience in another position within Customs in a different
 aspect of the Customs work.
 
    II.  "B" - At least six months experience in a career ladder position
 OR at least two years experience in a technical, non clerical position
 in support of career ladder positions OR at least one year experience in
 the technical position and one year in another position within Customs
 in a different aspect of Customs work OR one year experience in each of
 three different positions dealing with three distinct aspects of the
 Customs Service.
 
    III.  "C" - At least one year experience in a technical, non clerical
 position OR at least six months in the technical position and six months
 in another position OR six months experience in each of three different
 positions as defined above.
 
    Criterion #6 - Ability to organize and adjust priorities and
 schedules in order to meet changing situations and requirements.
 
    Related factors on the CF 188 -
 
          2) Dependability
 
          4) Adaptability
 
          7) Work Production
 
          8) Initiative
 
    I.  "A" - a 75 or above on the PACE test and 3s in the above factors
 OR 60-74 on the PACE and a rating of 4 in at least two of the above
 factors and one year experience performing in a somewhat independent
 fashion.
 
    II.  "B" - a 60 or above on the PACE test and 3s in the above factors
 OR 41-59 and at least one four and the rest 3s in the above factors and
 6 months experience performing in a somewhat independent fashion.
 
    III.  "C" - Not lower than 3s in the above factors and less than 6
 months experience performing in a moderately independent fashion.
 
                             UNION PROPOSAL 2
 
    Crediting plan for Customs Inspector, GS 11
 
    Criterion #1 - Knowledge of Customs and other agency laws, rules and
 regulations governing a broad range of commodities, as well as knowledge
 of fraud and smuggling techniques.
 
    Related factors on the CF 188 -
 
          3) Judgment
 
          5) Job Knowledge
 
          13) Knowledge of Customs
 
    I.  "A" rating - To receive an "A", a candidate must have at least 3
 years experience as a GS 9 inspector performing duties in both baggage
 and cargo and at least two (2) of the following:
 
    *1.  No lower than 4 in the CF 188 factors listed above
 
    2.  Seizures, interdictions and/or referrals (to agents, TACT team
 and other agencies)
 
    3.  Special training (not usual training) including in house training
 related to this criteria and/or inside or outside experience or training
 related to the criteria.
 
    4.  Special awards, commendations, etc. related to knowledge of
 Customs.
 
    II.  "B" rating - To receive a "B" rating, a candidate must have at
 least one year experience as a GS 9 inspector performing duties in both
 baggage and cargo and at least two (2) of the following:
 
    1.  No lower than 3 ratings in the above CF 188 factors
 
    2.  Seizures, interdictions and/or referrals (as above)
 
    3.  Special training including in house training related to this
 criteria and/or inside or outside experience or training related to the
 criteria.
 
    4.  Special awards, commendations, etc. related to the criteria
 *note-in all the criteria, a lower rating will be acceptable if the
 supervisory comments indicate a higher degree of abilities or potential.
 
    Criterion #2 - Ability to make independent decisions with a minimum
 of supervision.
 
    Related Factors on CF 188 -
 
          2) Dependability
 
          3) Judgment
 
          8) Initiative
 
    I.  "A" Rating - two out of the following 3
 
    1.  No lower than 4s in the above factors
 
    2.  Demonstrated ability (as shown on CF 67) to make independent
 decisions either within or outside Customs for at least three years.
 This experience could be concurrent.
 
    3.  Related awards and/or experience performing as a summer GS 11
 inspector.
 
    II. "B" rating - two out of the following three:
 
    1.  No lower than 3s in the above CF 188 factors
 
    2.  Demonstrated ability (as shown on CF 67) to make independent
 decisions either within or outside Customs for not less than one year.
 This experience could have been obtained concurrently.
 
    3.  Related awards and/or experience as a summer GS 11 inspector.
 
    Criterion #3 Reliability
 
    Related factors on the CF 188 -
 
          2) Dependability
 
          6) Quality of Work
 
          7) Work Production
 
          14) Stamina
 
    I.  "A" - two out of the following three:
 
    1.  Not less than 4s in the above CF 188 factors
 
    2.  Experience, both within and outside the Customs Service for at
 least three years in the last six as shown on the CF 67.
 
    3.  Related awards, commendations, Sustained Superior performance
 awards, etc. within the last three years and/or a four year degree
 and/or completion of a two year degree while working.
 
    II.  "B" - Two out of the following three:
 
    1.  Not less than 3s in the above factors (CF 188)
 
    2.  Experience, both within and outside the Customs Service for not
 less than one year within the last six as shown on the CF 67.
 
    3.  Related awards and/or 30 credits above the high school level.
 
    Criterion #4 - Ability to work with people of a variety of
 backgrounds while maintaining harmonious and effective working
 relationships.
 
    Related factors on the CF 188 -
 
          1) Attitude
 
          10) Tact
 
          11) Oral Communication
 
    I.  "A" - two out of the following three:
 
    1.  Not less than 4s in the above CF 188 factors
 
    2.  Experience within and outside the Customs Service which indicates
 the ability to work harmoniously with people as shown on the CF 67 -
 three years within the past six.
 
    3.  Awards or commendations related to the criteria and received
 within the last three years.
 
    II.  "B" - two out of the following three
 
    1.  Not less than one 4 and two 3s in the CF 188 factors listed for
 this Criterion.
 
    2.  Experience within and outside the Customs Service which indicates
 the ability to work harmoniously with people as shown on the CF 67 - two
 years within the past six
 
    3.  Awards or commendations related to the criterion and received
 within the last three years.
 
    III.  "C" - two out of the following three:
 
    1.  Not less than all 3s in the CF 188 factors listed for this
 Criterion.
 
    2.  Experience within and outside the Customs Service which indicates
 the ability to work harmoniously with people as shown on the CF 67 - 1
 year within the last three.
 
    3.  Same as above (level B)
 
    Criterion #5 - Ability to compile statistics and/or reports.
 
    Related factors on the CF 188 -
 
          1) Judgment
 
          6) Quality of Work
 
          12) Written Communication
 
    I.  "A" - two out of the following three:
 
    1.  Demonstration of the above criteria by the fact that the
 submitted CF 67 is a well prepared and coherent document.  (note - this
 does not mean that it must be typed.)
 
    2.  Not less than 4s in the CF 188 factors listed above.
 
    3.  Additional education above the high school level and/or training
 courses related to the criterion and/or experience within or outside the
 Customs Service in which the ability to write reports has been
 demonstrated.
 
    II.  "B" two out of the following three:
 
    1.  Demonstration of the above criterion by the fact that the
 submitted CF 67 is a coherent document.
 
    2.  Not less than one 4 or two 3s in the CF 188 factors listed for
 this criterion.
 
    3.  Additional education and/or experience as stated for level "A"
 
    III.  "C" - two out of the following three:
 
    1.  Demonstration of the above criterion by the fact that the
 submitted CF 67 is a comprehendable and legible document.
 
    2.  Not less than 3s in the CF 188 factors listed for this criterion
 
    3.  Same as above (level A)
 
    General Note:  Nothing below the B level was determined for the
 primary criteria since in the past, a rating of C would eliminate a
 candidate from the Highly Qualified list.
 
                             UNION PROPOSAL 3
 
    STANDARDS OF PERFORMANCE - CUSTOMS AID
 
    General Remarks - all of the following standard i.e., all of the
 tasks are based on the fact that the Customs Aid is a clerical position.
  For all of the following factors of the general appraisal, all parts of
 the factor are necessary for a 3.  A deficiency in even one part would
 be reason for giving a rating of 2.  To receive a rating of 4 or 5, the
 Customs Aid must perform in one of the following ways:
 
    1.  The Customs Aid must perform the tasks better than the standard
 requires.
 
    2.  The Customs Aid must perform higher level tasks than the standard
 requires.
 
    1.  ATTITUDE
 
    (a) toward the work - will do assigned work as follows:
 
          (1) Pre entry review for proper documentation (i.e.,
       completeness of information on 7501 and 5101).
 
          (2) Maintains office value and classification records as
       assigned.
 
          (3) Fills out forms according to the direction of higher level
       team members.
 
          (4) Handles incoming and outgoing mail and performs other
       clerical functions.
 
    (b) toward supervisor - follows explicit instructions of supervisor.
 
    (c) with regard to phone inquiries, office visits by importers, their
 representatives, members of traveling public, Customs employees and
 others, has a courteous manner, provides information within their scope
 and refers caller person to appropriate authority for further
 information.
 
    (d) will work in any office assigned.
 
    (e) shares information in order to enable office to run smoothly and
 efficiently.
 
    (f) higher levels of performance (4/5) makes suggestions and provides
 input as related to his/her work.
 
    2.  DEPENDABILITY
 
    (a) can be relied upon to accomplish assigned tasks.  (for list of
 Customs Aid tasks, see Job Knowledge).
 
    (b) After general office priorities have been established by
 supervisor, can order working habits in order to meet those priorities,
 given the work available and within the limits set by the factor WORK
 PRODUCTION.
 
    (c) Meets deadlines set by supervisor and formed in accordance with
 Work Production factor and priorities given in writing.  The deadlines
 will be set by the Team Leader and will reflect seasonal adjustments
 etc.
 
    3.  JUDGMENT
 
    When doing pre entry review, Live entries, Warehouse entries, is able
 to determine if a discrepancy exists between the office records (value
 and classification) and the entry and or within the entry itself and
 consults the proper person for instructions.
 
    4.  ADAPTABILITY
 
    (a) Is responsive to changing workloads in that he/she is able to
 reorganize the workload, and the specific parts of that work to reflect
 the needs of the office priorities.
 
    (b) When alerted to new procedures, policies, and other changes,
 implements them as directed.
 
    (c) Accepts the decisions of others with regard to the following:
 
          (1) Moving to other offices and other sections - will go when
       directly ordered to do so by supervisor
 
          (2) All job related decisions - when ordered, will follow the
       decisions of the Team Leader - this does not preclude discussions
       or explanations regarding the reasons for the decision.
 
    5.  JOB KNOWLEDGE
 
    (1) Understands procedures, techniques, etc., in order to do the
 following:
 
          (a) Pre entry review, "Live" entry review, Warehouse entry
       review - clerical and arithmetic tasks only - classification
       appraisement and liquidation are precluded.
 
          (b) Upkeep of Value and/or classification records
 
          (c) Compares value and classification records with entry.
 
          (d) Follows directions to release and/or detain merchandise.
 
          (e) Disposes of samples as directed.
 
          (f) Attaches documents to entry and routes to proper team
       member.
 
          (g) Prepares forms to disseminate or request information under
       the direction of the Team Leader.
 
          (h) Routes and sorts documents and/or mail
 
          (i) Prepares daily, weekly, monthly, quarterly and other
       reports as directed.
 
    (2) Knows how to locate needed job information by familiarity with
 the following sources:
 
          (a) Statistical manual
 
          (b) TSUSA
 
          (c) Office Administrative Files - e.g., Uniform Filing System
 
          (d) Office Classification and Value Files
 
    (3) Is able to perform clerical functions related to items listed
 above in part (1) by using the information noted in (2).
 
    6.  QUALITY OF WORK - Depending upon the type of work done in the
 office by the Aid, the following standard is required:
 
          (1) For entry related work - 90% accuracy
 
          (2) For all other clerical tasks - 75% accuracy
 
    The rating officer is responsible for documentation.  The quality may
 be adjusted in writing if the work done by the Aid in the office is
 different and/or of a higher level than usual.  As far as STAT returns,
 these errors only refer to errors for which the aid would be
 responsible.
 
    7.  WORK PRODUCTION
 
    (1) Approach - organizes daily work in order to perform at expected
 levels.
 
    (2) Quantity - Actual amounts are to be set by individual Team Leader
 in writing, however, they are to be based upon the maximum daily
 averages listed below.  If, however, an office receives less work, this
 factor will not preclude the Aid from receiving a 3, 4, or 5.
 
          (a) 25 one line, one page, one invoice entries.
 
          (b) 1 standard form sent out per day.
 
          (c) Every day clerical and filing and other duties as needed
       such as picking up and sort mail daily.
 
    8.  INITIATIVE
 
    (a) Will do any new tasks assigned.
 
    (b) After the general work has been assigned, sees what needs to be
 done and does it without constant repetition of directions, specific
 assignments and/or instructions.
 
    (c) Any other work methods, improvements, suggestions or demonstrated
 willingness to take on additional work will be indicative of a higher
 rating.
 
    9.  LEARNING ABILITY
 
          (1) The original Aid functions should be assimilated within one
       month.
 
          (2) Any new procedures, whether from Headquarters, Region or
       within the office are learned with 3 days of instructions on the
       changes and made part of the Aid's work method.  A proportionately
       longer period is acceptable if the procedure is not used daily.
       By work method, we mean that the end result reflects the new
       office procedure, whether the employee chooses to memorize the
       change, write it down or use any other tool.
 
          (3) Indications of a higher rating will be either learning
       things at a faster pace or learning new procedures etc., which are
       at a higher level.
 
    10.  TACT - Is courteous in personal or telephone contacts.
 Indications of a higher level of performance would be the following:  A
 sensitivity to the problems of the importing and traveling public, other
 Customs employees and others and attempts to help them.
 
    11.  ORAL COMMUNICATION
 
    Tasks - 1.  Relay messages
 
          2.  Relay work related problems or information
 
          3.  Explain actions to Importing Public, their agents or team
       members
 
    Standard:
 
          1.  Oral messages are clear
 
          2.  Is able to explain situations so that they are
       understandable
 
          3.  Is able to convey reasons for actions
 
    12.  WRITTEN COMMUNICATION
 
    Tasks - 1.  Rejection slips
 
          2.  CF 3107's
 
          3.  CF 28, 29, other forms
 
          4.  Written telephone messages
 
    Standards:
 
          a.  Messages conveyed in all of the above situations
       understandable and conveys precise meaning
 
    13.  KNOWLEDGE OF CUSTOMS
 
    (a) Aware of the flow of the entry from Pre I.D., Live or Warehouse
 stage to liquidation.
 
    (b) Aware of other agency requirements as related to line.
 
    (c) Higher levels of performance would be indicated by a greater
 familiarity with the above and/or knowledge of other parts of the
 Customs Service which relate to the entry of merchandise such as Entry
 Control, Inspectors and/or a greater knowledge of the relationship with
 other agencies.
 
    14.  STAMINA - N/A since stamina (physical and/or mental stress) is
 not generally applicable to the position which is mainly clerical.
 Recognizing that some employees do work in offices in which there is a
 great deal of stress, some of which would fall upon the Aid, we suggest
 that in these offices, the Team Leader commend the employee for his/her
 acceptance of this additional burden.  This should take the form of
 letters of commendation or awards.
 
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ See generally, National Treasury Employees Union and Department
 of Health and Human Services, Region X, Seattle, Washington, 5 FLRA No.
 93 (1981);  International Association of Fire Fighters Local F-61 and
 Philadelphia Naval Shipyard, 3 FLRA 438 (1980) (Union Proposal III).
 
 
    /2/ Federal Personnel Manual (FPM), chapter 335, section 1-2h.
 
 
    /3/ FPM Supplement 335-1, Appendix B, section B-4c(1).
 
 
    /4/ Section 7106(a)(2) provides, in pertinent part:
 
    Sec. 7106.  Management rights
 
    (a) Subject to subsection (b) of this section, nothing in this
 chapter shall affect the authority of any management official of any
 agency--
 
                                .  .  .  .
 
          (2) in accordance with applicable laws--
 
          (A) to hire . . . employees in the agency . . .;
 
          (B) . . . to determine the personnel by which agency operations
       shall be conducted;
 
          (C) with respect to filling positions, to make selections for
       appointments from--
 
          (i) among properly ranked and certified candidates for
       promotion;  or
 
          (ii) any other appropriate source(.)
 
 
    /5/ Section 7106(b)(2) and (3) of the Statute.  Further, see the
 explanation at 124 Cong.Rec. 29183 (1978) by Representative Udall of the
 intent of Congress as to the negotiability of procedures in connection
 with the exercise of rights under section 7106(a)(2)(C), as further
 explicated in American Federation of Government Employees, AFL-CIO,
 Local 1968 v. Federal Labor Relations Authority, 691 F.2d 565 (D.C. Cir.
 1982).  In this regard, it should be noted that FPM chapter 335 was
 revised effective May 7, 1981 in order to afford agencies maximum
 flexibility to develop, negotiate, and manage their merit promotion
 programs.  FPM chapter 335, section 1-1, as revised by Basic Instruction
 262, May 7, 1981.
 
 
    /6/ See FPM Supplement 335-1, Appendix B, section B-4c(1).
 
 
    /7/ Compare 5 CFR 332.404 (1982) which requires an appointing officer
 to select, with certain exceptions, from the three highest eligibles on
 a certificate prepared from a register of candidates recruited through a
 competitive examination.
 
 
    /8/ Union Reply Brief at 5-6.
 
 
    /9/ With respect to the right to hire employees, the Agency contends
 that the delay which might be occasioned by the proposals renders them
 outside the duty to bargain.  Contrary to the Agency's contention, it is
 now well settled that a procedure which merely delays, but which does
 not prevent an agency from acting at all to exercise a reserved
 management right is within the duty to bargain.  American Federation of
 Government Employees, AFL-CIO, Local 1999 and Army-Air Force Exchange
 Service, Dix-McGuire Exchange, Fort Dix, New Jersey, 2 FLRA 152 (1979),
 enforced sub nom. Department of Defense v. Federal Labor Relations
 Authority, 659 F.2d 1140 (D.C. Cir. 1981), cert. denied sub nom. AFGE v.
 FLRA, . . . U.S. . . . , 102 S.Ct. 1443 (1982).
 
 
    /10/ The Agency's statement of position cites FPM Letter 335-12,
 subchapter S6, December 29, 1978, which subsequently was incorporated
 into the provisions of FPM Supplement 335-1 as subchapter S6.
 Subchapter S6 provides, in pertinent part, as follows:
 
    S6-1.  BASIC PRINCIPLES
 
          Individuals responsible for the personnel measurement program
       must clearly identify those examination materials (such as test
       materials, rating guides, or crediting plans) which require
       security and control, and ensure that proper security and control
       are maintained.  Instructions must be issued to maintain the
       security and control of examination materials which, if exposed to
       unauthorized persons, might provide unfair advantage to some
       candidates or otherwise compromise the utility of the selection
       procedure.  At a minimum, the instructions must cover procedures
       to be followed during development, printing, storage,
       distribution, and destruction.  Material covered by the
       instructions must not be exposed to any persons, inc