20:0788(93)NG - NFFE Local 29 and Army Corps of Engineers, Kansas City District, kansas City, MO -- 1985 FLRAdec NG



[ v20 p788 ]
20:0788(93)NG
The decision of the Authority follows:


 20 FLRA No. 93
 
 NATIONAL FEDERATION OF 
 FEDERAL EMPLOYEES, LOCAL 29
 Union
 
 and
 
 U.S. ARMY CORPS OF ENGINEERS 
 KANSAS CITY DISTRICT, 
 KANSAS CITY,MISSOURI
 Agency
 
                                            Case No. 0-NG-1147
 
                 DECISION AND ORDER ON NEGOTIABILITY ISSUE
 
    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 an issue
 concerning the negotiability of one Union proposal.  Upon careful
 consideration of the entire record, including the parties' contentions,
 the Authority makes the following determinations.
 
                              Union Proposal
 
       SECTION 2. SCOPE.  This negotiated grievance procedure shall apply
       to matters of concern and dissatisfaction regarding the
       interpretation, application, or violation of law, rule,
       regulation, and/or this Agreement;  conditions of employment;
       relationships with agency supervisors, managers, and/or officials;
        prohibited personnel practices;  disciplinary actions;  adverse
       actions;  discrimination complaints;  and/or the procedures and
       evidence used to remove temporary and/or probationary employees.
       This negotiated grievance procedure shall apply to all matters
       indicated above whether or not set forth in this Agreement.  This
       negotiated grievance procedure shall not apply to:  1. Violation
       related to political activities;  2. Retirement, life insurance or
       health insurance;  3. A suspension or removal for national
       security reasons;  4. Any examination, certification or
       appointment;  5. Classification of position which does not result
       in reduction in pay or grade for the employee;  or 6. Any
       reduction-in-force which does not affect five (5) or more
       employees simultaneously, which is otherwise appealable to the
       Merit Systems Protection Board.  (Only the underscored portion is
       in dispute.)
 
    Insofar as this proposal concerns the removal of temporary employees,
 the Agency states in its written allegation of nonnegotiability that
 "(t)he decision to remove or terminate a temporary employee is a
 Management right under Section 7106(a)(1) and 7106(a)(2)." The Agency's
 contention cannot be sustained.  In this regard, the Authority has
 previously determined that a proposal resulting in the inclusion under a
 negotiated grievance procedure of matters involving, inter alia, the
 separation or termination of a temporary employee was within the duty to
 bargain pursuant