15:0802(153)NG - IFPTE Local 4 and Navy, Portsmouth Naval Shipyard, Portsmouth, NH -- 1984 FLRAdec NG



[ v15 p802 ]
15:0802(153)NG
The decision of the Authority follows:


 15 FLRA No. 153
 
 INTERNATIONAL FEDERATION OF
 PROFESSIONAL AND TECHNICAL ENGINEERS,
 LOCAL 4, AFL-CIO
 Union
 
 and
 
 DEPARTMENT OF THE NAVY,
 PORTSMOUTH NAVAL SHIPYARD,
 PORTSMOUTH, NEW HAMPSHIRE
 Agency
 
                                            Case No. O-NG-536
 
                 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).  As set forth in the
 final submissions of the parties (i.e., the Agency's statement of
 position and the Union's response), the matter in dispute is as follows:
 
          Consistent with the objectives and principles of FPM 531,
       Subchapter 2, reemployment of former employees to a bargaining
       unit position will be accomplished in a fair and equitable manner.
        The Union will be forwarded a copy of reemployment documents
       affecting unit employees.  In the establishment of the rate of
       reemployment, the exercise of sound and reasonable managerial
       discretion will be followed.  (The underscored language is in
       dispute.)
 
    Upon careful consideration of the entire record, including the
 parties' contentions, the Authority makes the following determinations.
 This proposal would require the Agency to exercise its discretion under
 Federal Personnel Manual Chapter 531 to set the rate of basic pay in a
 fair and even-handed manner when rehiring former employees.  Therefore