15:0465(97)NG - NFFE Local 1900 and HUD -- 1984 FLRAdec NG



[ v15 p465 ]
15:0465(97)NG
The decision of the Authority follows:


 15 FLRA No. 97
 
 NATIONAL FEDERATION OF
 FEDERAL EMPLOYEES, LOCAL 1900
 Union
 
 and
 
 DEPARTMENT OF HOUSING AND
 URBAN DEVELOPMENT
 Agency
 
                                            Case No. O-NG-665
 
                 DECISION AND ORDER ON NEGOTIABILITY ISSUE
 
    This petition for review comes before the Federal Labor Relations
 Authority pursuant to section 7105(a)(2)(E) of the Federal Service
 Labor-Management Relations Statute (the Statute) and raises the question
 of the negotiability of the following Union proposal:  /1/
 
                              Stay of Action
 
          In the event an affected employee appeals a questionable or
       otherwise prohibited personnel practice or action, management
       agrees to stop RIF action until the employee has exercised the
       right to appeal to the Merit Systems Protection Board and a
       decision has been rendered by that Board.
 
    Upon careful consideration of the entire record, including the
 contentions of the parties, the Authority makes the following
 determination.  The proposal would require management to stay a
 reduction-in-force (RIF) action pending the outcome of an appeal to the
 Merit Systems Protection Board (MSPB) of a questionable or otherwise
 prohibited personnel practice or action.  Consequently, the proposal
 would merely delay management from effectuating a reduction-in-force
 until the Merit Syste