17:0534(77)NG - NTEU Chapter 91 and Treasury, IRS, Southwest Region -- 1985 FLRAdec NG
[ v17 p534 ]
The decision of the Authority follows:
17 FLRA No. 77 NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 91 Union and DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE, SOUTHWEST REGION Agency Case No. 0-NG-650 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 presents issues relating to the negotiability of two Union proposals. /1/ Union Proposal 1 Inasmuch as a fair and objective evaluation depends upon the proper execution of the duties and responsibilities of the supervisor, at such time an employee is entitled to grieve or appeal evaluations (such as Form 211 evaluations or reports of conference visitations) the employee and his or/her representative may receive, to the extent permitted by 5 USC 7114(b)(4), upon request copies of the periodic evaluations of the supervisor completed within the immediate past eighteen (18) months referred to in Section A6 of R.C. Memorandum 8(24)-5, June 3, 1977, said memorandum's Section A6 reading in pertinent part: "This Memorandum establishes procedures for the monitoring and review of the case management of Appellate work units submitted by appeals officers in the Southwest Region. These procedures provide for: * * * 6. Periodic evaluation by Assistant Regional Commissioner (Appellate) (now titled Regional Director of Appeals) of the review activities and practices in each Appellate Office to assure adequate managerial involvement. Union Proposal 1 would essentially require the Agency to provide an employee and the Union with copies of a supervisor's periodic evaluations. The Union asserts that information concerning whether a supervisor adequately performed his/her supervisory duties would assist an employee in a grievance or appeal proceeding. However, the Authority has consistently held that matters pertaining to the appraisal of supervisors, as are at issue herein, are outside the duty to bargain because such matters do not concern the conditions of employment of bargaining unit employees. See Supplemental Decision on Remand, National Treasury Employees Union and Department of Health and Human Services, Region 10, 13 FLRA 732, 734 (1983), appeal docketed sub nom. National Treasury Employees Union v. FLRA, No. 84-7034 (9th Cir. Jan. 16, 1984); American Federation of Government Employees, National Council of EEOC Locals No. 216, AFL-CIO and Equal Employment Opportunity Commission, Washington, D.C., 3 FLRA 504 (1980); National Association of Government Employees, Local R7-23 and Headquarters, 375th Air Base Group, Scott Air Force Base (MAC), Illinois, 7 FLRA 736 (1982). Thus, Union Proposal 1 does not concern conditions of employment and, hence, is outside the duty to bargain. While the Authority finds no obligation to negotiate over the instant proposal, this decision does not prohibit a union from obtaining information concerning supervisory appraisals when appropriate. To the extent a union may be entitled to information as is sought under the proposal, such entitlement arises out of and is subject to the limitations of section 7114(b)(4) of the Statute. /2/ Entitlements under section 7114(b)(4) for information which would enable a union to effectively carry out its representational obligation in connection with the processing of a grievance are determined on a case-by-case basis. See, e.g., United States Environmental Protection Agency, Health Effects Research Laboratory, Cincinnati, Ohio and National Federation of Federal Employees, Local 801, 16 FLRA No. 16 (1984), and cases cited therein. The Authority does not reach the question of a union's right to obtain data under the circumstances presented pursuant to section 7114(b)(4).