16:0285(43)NG - NTEU and HHS, SSA, Office of Hearings and Appeals -- 1984 FLRAdec NG



[ v16 p285 ]
16:0285(43)NG
The decision of the Authority follows:


 16 FLRA No. 43
 
 NATIONAL TREASURY EMPLOYEES
 UNION
 Union
 
 and
 
 DEPARTMENT OF HEALTH AND
 HUMAN SERVICES, SOCIAL SECURITY
 ADMINISTRATION, OFFICE OF HEARINGS
 AND APPEALS
 Agency
 
                                            Case No. O-NG-832
 
                 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) and presents an issue
 concerning the negotiability of the following provision of an agreement
 disapproved by the Agency head pursuant to section 7114(c) of the
 Statute:
 
    Article 37, Section 5.c Performance Appraisals
 
          1.  Unsatisfactory.  This appraisal applies if the employee
       failed to meet one or more critical job elements regardless of
       performance on non-critical elements.
 
          2.  Minimally Satisfactory.  This appraisal applies if the
       employee only partially met one or more critical job elements or
       if the employee met all critical job elements but failed to meet a
       substantial number of non-critical job elements.
 
          3.  Fully Satisfactory.  This appraisal applies if the
       employee, at a minimum, met all critical job elements and most
       non-critical job elements OR if the employee exc