17:0084(19)CA - Army, HQ, and DARCOM HQ and NFFE Local 476 -- 1985 FLRAdec CA

 17 FLRA No. 19
 
 U.S. DEPARTMENT OF ARMY,
 HEADQUARTERS, AND DARCOM HQ
 Respondent
 
 and
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 476 (INDEPENDENT)
 Charging Party
 
                                            Case No. 3-CA-30280
 
                            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, including the stipulation of
 facts, accompanying exhibits, and the parties' contentions, /1/ the
 Authority finds:
 
    The complaint alleges that Respondent U.S. Army Materiel Development
 Readiness Command (DARCOM) Headquarters violated section 7116(a)(1), (5)
 and (6) of the Statute /2/ by rejecting as nonnegotiable a provision of
 a collective bargaining agreement between NFFE and U.S. Army Electronics
 Research and Development Command, Ft. Monmouth, New Jersey (ERADCOM), a
 subordinate element within DARCOM, which was imposed on the parties by
 decision of the Federal Service Impasses Panel (Panel), /3/ in violation
 of the provisions of section 7119(c)(5)(C) of the Statute.  /4/
 
    The stipulated record indicates that NFFE is the exclusive
 representative of a unit of ERADCOM's employees.  During the course of
 negotiations, a dispute arose involving several proposals concerning the
 performance appraisal system for employees in the exclusively
 represented unit.  Thereafter, the Panel issued its above-referenced
 Decision and Order resolving this dispute, wherein it ordered the
 parties, inter alia, to adopt NFFE's proposal that an employee against
 whom an action is imposed based on unacceptable performance should
 receive 60 days advance written notice of the proposed action.
 Thereafter, on December 14, 1982, ERADCO