19:0192(20)CA - Army Corps of Engineers, Kansas City District, Kansas City, MO and AFFE Local 29 -- 1985 FLRAdec CA

 19 FLRA No. 20
 
 U.S. ARMY CORPS OF ENGINEERS
 KANSAS CITY DISTRICT
 KANSAS CITY, MISSOURI
 Respondent
 
 and
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 29
 Charging Party
 
                                            Case No. 7-CA-30445
 
                            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:
 
    At all times material herein, the National Federation of Federal
 Employees, Local 29 (the Union) has been the certified exclusive
 representative of a unit consisting of all nonprofessional employees of
 the U.S. Army Corps of Engineers, Kansas City District, Kansas City,
 Missouri (the Respondent).  At all times material herein, the Respondent
 and the Union have been parties to a collective bargaining agreement,
 effective July 31, 1981.  A supplemental agreement to this contract,
 effective December 8, 1981, covers the subject of the general
 performance appraisal system.
 
    On or about April 25, 1983, the Respondent refused to give a new
 performance appraisal rating to a bargaining unit employee who had been
 serving as the Union's chief steward, leaving in effect her current
 fully successful rating, because she had not performed work duties for
 120 days during the rating period, as required for appraisal.  Since
 July 1, 1982, this employee had been on official time for the
 performance of representational duties for nearly 100 percent of her
 work time.  On April 26, 1983, during the term of the parties'
 agr