20:0689(80)NG - AFGE Local 933 and VA Medical Center -- 1985 FLRAdec NG



[ v20 p689 ]
20:0689(80)NG
The decision of the Authority follows:


 20 FLRA No. 80
 
 AMERICAN FEDERATION OF 
 GOVERNMENT EMPLOYEES, 
 AFL-CIO, LOCAL 933
 Union
 
 and
 
 VETERANS ADMINISTRATION 
 MEDICAL CENTER
 Agency
 
                                            Case No. 0-NG-1077
 
                 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
 presents an issue concerning the negotiabIlity of one Union proposal.
 Upon careful consideration of the entire record, /1/ including the
 parties' contentions, the Authority makes the following determination.
 /2/
 
                              Union Proposal
 
       All candidates for General Schedule Positions must meet the
       minimum requirements of qualification standards, as described in
       Handbook X-118, and established for the position by the job
       analysis panel.  Additionally, all candidates must meet statutory
       and regulatory requirements (such as time-in-grade, service, etc.)
       in order to be eligible for consideration.  Qualification
       standards and information on requirements are available in the
       Personnel Service for review. described in Handbook X-118, and
       established for the position by the job analysis panel.
       Additionally, all candidates must meet statutory and regulatory
       requirements (such as time-in-grade, service, etc.) in order to be
       eligible for consideration.  Qualification standards and
       information on requirements are available in the Personnel Service
       for review.
 
    This proposal by its express terms would require all candidates for
 General Schedule (GS) positions to meet, inter alia, minimum
 qualifications for such positions established by the Office of Personnel
 Management (OPM) and promulgated In OPM Handbook X-118.  /3/ In this
 regard, however, 38 U.S.C. 4105(a)(9) authorizes the Administrator of
 the Veterans Administration to prescribe qualification standards for
 certain GS positions such as, for example, licensed vocational nurses
 which also exist within the Department of Medicine and Surgery of the
 Veterans Administration.  /4/ The legislative history of this section
 clearly indicates that Congress intended the Administrator of Veterans
 Administration to set qualification standards for certified or
 registered respiratory therapists, licensed physical therapists and
 licensed practical or vocational nurses without regard to the standards
 established by OPM for such positions insofar as they exist in other
 agencies.  /5/
 
    Thus, in agreement with the Agency, the Authority concludes that this
 proposal violates law, namely 38 U.S.C. 4105(a)(9).  That is, adoption
 of the proposal would result in candidates for certain GS positions in
 the Department of Medicine and Surgery being evaluated under OPM minimum
 qualifications standards instead of those established by the
 Administrator of the Veterans Administration.  Consequently, as this
 proposal is inconsistent with law, it is outside the duty to bargain
 pursuant to section 7117(a)(1) of the Statute.
 
    Accordingly, pursuant to section 2424.10 of the Authority's Rules and
 Regulations, IT IS ORDERED that the petition for review be, and it
 hereby is, dismissed.  /6/
 
    Issued, Washington, D.C., November 14, 1985
 
                                       (s)---
                                       Henry B. Frazier III, Acting
                                       Chairman
                                       (s)---
                                       William J. McGinnis, Jr., Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ The Union did not file a Reply Brief in this case.
 
 
    /2/ The Agency's contention that the Union's petition for review
 should be dismissed because it does not contain a proposal which is
 sufficiently specific and delimited in form and content to permit the
 Authority to render a negotiability decision cannot be sustained.  That
 is, while the Union's statement of the intent of the proposal is
 inconsistent with the clear meaning of the language of the proposal, and
 thus will not be relied upon by the Authority, see, e.g., American
 Federation of Government Employees, Local 2761 and U.S. Army Adjutant
 General Publication Center, St.  Louis, Missouri, 17 FLRA No. 118
 (1985), at 5 n. 7 of the decision, the record in this case provides
 sufficient basis for a negotiability determination on the express
 language of the proposal.
 
 
    /3/ OPM Handbook X-118 sets forth the minimum qualification standards
 for various GS positions which exist in more than one agency.
 
 
    /4/ 38 U.S.C. 4105(a)(9) provides:
 
    Section 4105.  Qualifications of appointees
 
    (a) Any person to be eligible for appointment to the following
 positions in the Department of Medicine and Surgery must have the
 applicable qualifications:
 
          (9) Physician assistant, expanded-function dental auxiliary,
       certified or registered respiratory therapist, licensed physical
       therapist, licensed practical or vocational nurse, occupational
       therapist, dietitian, microbiologist, chemist, biostatistician,
       medical technologist, dental technologist, or oth