27:0869(95)NG AFGE, LOCAL 1409 VS ARMY, ADJUTANT GENERAL PUBLICA -- 1987 FLRAdec NG
[ v27 p869 ]
The decision of the Authority follows:
27 FLRA NO. 95
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 1409 Union and DEPARTMENT OF THE ARMY, U.S. ARMY ADJUTANT GENERAL PUBLICATIONS CENTER, BALTIMORE, MARYLAND Agency Case No. O-NG-1390
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 one proposal. We find that the proposal is nonnegotiable.
Exceptions to Negotiated Grievance Procedure
Article 27, Section 27.02(d)(7), Scope
Termination of an employee during the 1-year probationary period, unless the grievance is an allegation of discrimination.
III. Positions of the Parties
The Agency contends that the proposal is nonnegotiable because it is contrary to law, 5 U.S.C. 3321, and regulation, 5 C.F.R. Part 315, Subpart H. In support of its contention, the Agency cites the Authority's decision involving a similar proposal in National Treasury Employees Union and U.S. Department of Agriculture, Food and Nutrition Service, Midwest Region, 25 FLRA No. 90 (1987) (proposal 6), petition for review filed sub non. National Treasury Employees Union