15:0055(12)NG - NLRBU and NLRB, Office of the General Counsel -- 1984 FLRAdec NG
[ v15 p55 ]
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.