21:0428(59)NG DIGEST HEADINGS STATUTE SUBJECT MATTER INDEX ENTRIES DIGEST NOTES DECISION AND ORDER ON NEGOTIABILITY ISSUE -- 1986 FLRAdec NG



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21:0428(59)NG
The decision of the Authority follows:


21 FLRA NO. 59

NATIONAL TREASURY EMPLOYEES UNION

     Union

     and

DEPARTMENT OF HEALTH AND HUMAN
SERVICES

     Agency

Case No. 0-NG-1020

 

DECISION AND ORDER ON NEGOTIABILITY ISSUE

I. Statement of the Case

This case is before the Authority because of a negotiability appeal filed under section 7105(a)(2)(D) and (E) of the Federal Service Labor - Management Relations Statute (the Statute) and concerns the negotiability of the following Union proposal:

Any employee appraised as outstanding in his/her current appraisal will receive four (4) years creditable service for RIF purposes. Employees with an excellent rating will receive an additional three (3) years of service for RIF purposes.

II. Positions of the Parties

The Agency contends that the proposal conflicts with an internal regulation which provides that employees having performance ratings below outstanding are not entitled to additional service credit in a reduction-in-force. It claims that a compelling need exists for this regulation under the illustrative standard set forth at section 2424.11(b) of the Authority's Rules. It argues that the proposal is, therefore,