15:0906(171)NG - AFGE, Locals 112, 3269, 3383, 3831 and HHS, FDA, Region V -- 1984 FLRAdec NG



[ v15 p906 ]
15:0906(171)NG
The decision of the Authority follows:


 15 FLRA No. 171
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCALS 112, 3269,
 3383 and 3831
 Union
 
 and
 
 DEPARTMENT OF HEALTH AND HUMAN
 RESOURCES, FOOD AND DRUG ADMINISTRATION,
 REGION V
 Agency
 
                                            Case No. O-NG-544
 
                DECISION AND ORDER ON NEGOTIABILITY ISSUES
 
    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 raises issues
 concerning the negotiability of two Union proposals.
 
                             Union Proposal 1
 
          Fully Satisfactory.  This summary appraisal applies if the
       employee, at a minimum, fully met all critical job elements and
       fully met a substantial number of non-critical job elements.
 
          Excellent.  This summary appraisal applies if the employee
       exceeded all of the critical job elements and fully met a
       substantial number of non-critical job elements.
 
          Outstanding.  This summary appraisal applies if the employee
       substantially exceeded all the critical job elements and exceeded
       a substantial number of non-critical job elements.
 
                             Union Proposal 2
 
          An employee who achieves an Outstanding overall performance
       appraisal . . . shall be granted a Quality Step Increase.  An
       employee who receives an Excellent overall performance appraisal
       will be eligible for a Quality Step Increase.
 
    Upon careful consideration of the entire record, including the
 parties' contentions, the Authority makes the following determinations.
 
    Union Proposal 1 would establish what quality of performance in
 individual job elements would be required to achieve a particular
 summary rating of overall employee job performance.  As such, it is
 materially identical in effect to a portion of the proposal which was
 held nonnegotiable by the Authority in American Federation of State,
 County and Municipal Employees, AFL-CIO, Council 26 and U.S. Department
 of Justice, 13 FLRA No. 96 (1984).  In that case, the Authority ruled ,
 that a proposal which would have established the particular levels of
 performance in individual job elements which would be required to
 achieve a particular summary rating for overall performance is
 inconsistent with management's rights to direct employees and assign
 work under section 7106(a)(2)(A) and (B) of the Statute.  Accordingly,
 for the reasons fully stated in Department of Justice, Union Proposal 1
 is outside the duty to bargain.
 
    Union Proposal 2 would establish the performance level, i.e.,
 ou