15:0045(9)NG - NFFE Local 1430 and Navy, Northern Division, Naval Base, Philadelphia, PA -- 1984 FLRAdec NG



[ v15 p45 ]
15:0045(9)NG
The decision of the Authority follows:


 15 FLRA No. 9
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 1430
 Union
 
 and
 
 DEPARTMENT OF THE NAVY,
 NORTHERN DIVISION, U.S. NAVAL
 BASE, PHILADELPHIA, PENNSYLVANIA
 Agency
 
                                            Case No. O-NG-616
 
                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 two Union proposals.  /1/ Upon careful
 consideration of the entire record, including the parties' contentions,
 the Authority makes the following determinations.
 
                             Union Proposal 1
 
          The identification of performance elements and the
       establishment of performance standards shall be a joint planning
       communication process between the employee with the aid of the
       steward and the supervisor.  Employees and their supervisors shall
       meet at least once each year to discuss performance standards and
       critical elements for the next rating year.  The shop steward is
       entitled to be present at, and a party to, such discussions.
 
    The Agency argues that the intent of the proposal is ambiguous and
 that, if the proposal is construed as requiring bargaining over
 identification of performance elements and establishment of performance
 standards, it is outside the duty to bargain.  On the other hand, if the
 proposal is intended only to require that employees be informed
 concerning the performance elements and standards applicable to their
 performance appraisals, the Agency will withdraw its determination of
 nonnegotiability.  /2/ In its response to the Agency's Statement of
 Position the Union further explains the purpose of this proposal as
 being "to propose a procedure that insures employee/supervisor
 communications and participation on performance standards as required by
 5 United States Code Section 4302(a)(2)." /3/
 
    In National Treasury Employees Union and Department of the Treasury,
 Bureau of the Public Debt, 3 FLRA 769, 778 (1980), affirmed sub nom.
 NTEU v. FLRA, 691 F.2d 553 (D.C. Cir. 1982), the Authority
 
          section 4302(a)(2) of the CSRA requires that performance
       appraisal systems "encourage employee participation in
       establishing performance standards" but does not specify the form
       which such employee participation must take.  Consequently, among
       other significant aspects of performance appraisal systems, the
       manner in which a particular agency pr