11:0261(54)NG - AFGE and GSA -- 1983 FLRAdec NG



[ v11 p261 ]
11:0261(54)NG
The decision of the Authority follows:


 11 FLRA No. 54
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES
 Union
 
 and
 
 GENERAL SERVICES ADMINISTRATION
 Agency
 
                                            Case No. O-NG-521
 
                 DECISION AND ORDER ON NEGOTIABILITY ISSUE
 
    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.
 
          Section 8.  Competitive areas to be used in the
       reduction-in-force will be negotiated by the parties following the
       briefing session referred to in section 7.  Impasses will be
       resolved in the manner provided by law.
 
    Upon careful consideration of the entire record, including the
 parties' contentions, the Authority makes the following determinations.
 In agreement with the Union, the Authority finds that this proposal,
 concerning competitive areas to be used in the event of a
 reduction-in-force (RIF) is within the duty to bargain.  In this regard,
 agencies must establish competitive areas for RIF purposes consistent
 with the regulatory requirements promulgated by the Office of Personnel
 Management (OPM) pursuant to 5 U.S.C. 3502.  Such regulations, however,
 provide only guidelines with respect to certain matters and, hence,
 allow for the exercise of discretion by agencies.  See 5 CFR 352.402.
 It is