19:0673(84)NG - VA Local 1151, AFGE and VA -- 1985 FLRAdec NG
[ v19 p673 ]
19:0673(84)NG
The decision of the Authority follows:
19 FLRA No. 84
VETERANS ADMINISTRATION
LOCAL 1151, AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES, AFL-CIO
Union
and
VETERANS ADMINISTRATION
Agency
Case No. O-NG-1067
DECISION AND ORDER ON NEGOTIABILITY ISSUE
The petition for review in this case comes before the Federal Labor
Relations Authority (the Authority) pursuant to section 7105(a)(2)(E) of
the Federal Service Labor-Management Relations Statute (the Statute),
and raises an issue concerning the negotiability of the following Union
proposal:
The activity should make necessary adjustments in the
performance standards for veterans claims examiners in the
affected units (rating specialists assuming unit chiefs' roles
with little or no technical expertise), including serious
consideration of even a suspension of the performance standards
for these employees.
Upon careful consideration of the entire record, /1/ the Authority
makes the following determination. It is well established that
proposals which require negotiations concerning the establishment and
content of performance standards are inconsistent with management's
rights to assign, work and direct employees pursuant to section
7106(a)(2)(A) and (B) of the Statute. /2/ In this regard, the Authority
finds that the proposal here in dispute seeks to negotiate on the
content of performance standards themselves. That is, this proposal
requires performance standards of veterans claims examiners to be
adjusted in the circumstances where rating board specialists are
detailed to positions involving supervising veterans claims examiners
because, in the Union's view, rating board specialists do not have the
necessary expertise in veterans claims examination work. Contrary to
the Union's claims that the proposal only requires the Agency to "give
serious consideratio