22:0707(80)NG - NTEU and Nuclear Regulatory Commission -- 1986 FLRAdec NG



[ v22 p707 ]
22:0707(80)NG
The decision of the Authority follows:


 22 FLRA No. 80
 
 NATIONAL TREASURY EMPLOYEES UNION
 Union
 
 and
 
 NUCLEAR REGULATORY COMMISSION
 Agency
 
                                            Case No. 0-NG-1095
                                            20 FLRA No. 21
 
                       DECISION AND ORDER ON REMAND
 
                         I.  Statement of the Case
 
    This case is before the Authority pursuant to a remand from the
 United States Court of Appeals for the District of Columbia Circuit.
 The question involved is whether "competitive areas" within an agency
 for reduction-in-force (RIF) purposes are within the duty to bargain
 under the Federal Service Labor-Management Relations Statute (the
 Statute).
 
                              II.  Background
 
    In a previous decision in this case, National Treasury Employees
 Union and Nuclear Regulatory Commission, 20 FLRA No. 21 (1985), the
 Authority held that the following Union proposal defining a competitive
 area within the Agency for purposes of a RIF was outside the duty to
 bargain:
 
          Our counterproposal in this area is to use commuting area as
       the area of competition and to allow normal personnel
       considerations to be used in determining the similarity of
       positions.
 
    The Union's appeal of that decision to the United States Court of
 Appeals for the District