15:0055(12)NG - NLRBU and NLRB, Office of the General Counsel -- 1984 FLRAdec NG



[ v15 p55 ]
15:0055(12)NG
The decision of the Authority follows:


 15 FLRA No. 12
 
 NATIONAL LABOR RELATIONS BOARD
 UNION
 Union
 
 and
 
 NATIONAL LABOR RELATIONS BOARD,
 OFFICE OF THE GENERAL COUNSEL
 Agency
 
                                            Case No. O-NG-781
 
                 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.  Upon
 careful consideration of the entire record, including the parties'
 contentions, the Authority makes the following determination.
 
                              Union Proposal
 
          No employee shall be reduced in grade as a result of a
       performance-based adverse action unless such employee has first
       been reassigned to an available noncompetitive position for which
       the employee is qualified and could reasonably be expected to
       demonstrate acceptable performance.  No employee shall be removed
       from employment as a result of a performance-based adverse action
       unless such employee has first, where applicable, been reduced in
       grade as a result of his/her performance to a grade level the
       employee could reasonably be expected to demonstrate acceptable
       performance.