16:0052(16)CA - EPA, Health Effects Research Laboratory, Cincinnati, OH and NFFE Local 801 -- 1984 FLRAdec CA



[ v16 p52 ]
16:0052(16)CA
The decision of the Authority follows:


 16 FLRA No. 16
 
 UNITED STATES ENVIRONMENTAL
 PROTECTION AGENCY, HEALTH
 EFFECTS RESEARCH LABORATORY,
 CINCINNATI, OHIO
 Respondent
 
 and
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 801
 Charging Party
 
                                            Case No. 5-CA-1164
 
                            DECISION AND ORDER
 
    This matter is before the Authority pursuant to the Regional
 Director's "Order Transferring Case to the Federal Labor Relations
 Authority" in accordance with section 2429.1(a) of the Authority's Rules
 and Regulations.
 
    Upon consideration of the entire record in this case, including the
 stipulation of facts, accompanying exhibits, and the parties'
 contentions, the Authority finds:  /1/
 
    The National Federation of Federal Employees, Local 801 (the Union)
 has been the certified exclusive representative of a unit which includes
 certain of the Respondent's nonprofessional employees, and the parties
 have had a written collective bargaining agreement at all times material
 herein.
 
    The complaint alleges, in substance, that the Respondent has refused
 to bargain in good faith with the Union and to comply with section
 7114(b)(4) of the Statute /2/ by failing and refusing to furnish the
 Union with certain information relating to performance appraisal ratings
 of non-bargaining unit employees which is alleged to be relevant and
 necessary to enable the Union to make a determination as to whether a
 grievance was warranted over the failure of certain bargaining unit
 employees to be rated outstanding, thereby violating section 7116(a)(1),
 (5) and (8) of the Statute.
 
    All of the Respondent's employees, whether or not they are members of
 the bargaining unit, are evaluated for outstanding performance ratings
 in accordance with EPA Order 3110.11(A), the Respondent's Performance
 Evaluation and Rating Plan.  EPA Form 3160.4 (2-77) is used in this
 connection;  pages 2, 3 and 6 of this Form are used to reflect
 management's appraisal of individual supervisory and non-supervisory
 employees, i.e., to set forth the basis of the evaluations and
 outstanding ratings.
 
    In 1981, outstanding performance ratings were recommended for five
 bargaining unit and three non-bargaining unit employees by their
 respective supervisors:  unit employees Arnold L. Cohen, Mary Diane
 Routledge, Sandra C. Underwood, Lonnie Winchester, and Dixie A. White;
 and non-unit employees Frederick P. Williams, William Frietsch III and
 Michael A. Perera.
 
    On April 23, 1981, the Respondent's Acting Director, James B. Lucas,
 or his agent, disapproved outstanding performance ratings for six of the
 eight employees.  Only Dr. Michael A. Perera (a non-bargaining unit
 supervisory professional) received an outstanding performance rating as
 a result of these recommendations.
 
    By letter dated May 8, 1981, the Union requested that the Respondent
 provide to the Union, inter alia, sanitized copies of pages 2, 3, and 6
 of the appraisal worksheets for the eight employees involved and a copy
 of the cover letter that accompanied the appraisals.  The Union further
 stated in the letter that the information was requested so that it could
 make a determination as to whether a grievance was warranted over the
 failure of bargaining unit employees to be granted outstanding ratings.
 Specifically, the Union's letter contended that, in some instances, the
 reviewing official who signed the ratings was not the employee's
 second-level supervisor who normally performed that function.  On May
 26, 1981, the Respondent provided the requested information for all the
 bargaining unit employees, but refused to provide the information for
 the non-bargaining unit employees.
 
    The parties have stipulated that the sole issue presented to the
 Authority for resolution is whether the Respondent's failure to afford
 the Union copies of pages 2, 3, and 6 of the appraisal worksheets for
 non-unit employees, one of whom received an outstanding perfor