15:0264(55)NG - AFGE Local 32 and OPM -- 1984 FLRAdec NG
[ v15 p264 ]
15:0264(55)NG
The decision of the Authority follows:
15 FLRA No. 55
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 32
Union
and
OFFICE OF PERSONNEL MANAGEMENT
Agency
Case No. O-NG-709
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). The issue presented
is the negotiability of one Union proposal. Upon careful consideration
of the entire record, including the parties' contentions, the Authority
makes the following determination.
Union Proposal
Reassignees who are given work for which they have not been
given either formal or on-the-job training will not suffer any
adverse impact or negative or punitive action for their inability
to perform that work. The work will be returned to the supervisor
who will see that the employee receives training before assigning
that work in the future to that employee. This also applies to
documented inconsistent information received on any aspect of the
work. All reassignees will be given adequate reference materials
and forms for processing their work. Management will assure and
make every attempt to provide on-the-job training which includes,
but is not limited to, a detailed explanation of applicable
procedures, legal precedents and governing rules and regulations.
The Authority concludes that the disputed proposal herein would
improperly establish a condition (providing an employee with formal or
on-the-job training) upon the Agency's rights pursuant to section
7106(a)(2) of the Statute to direct and assign work to employees and to
discipline employees based on their substandard performance or
nonperformance of their job duties. In this respect, th