30:0502(67)NG - NTEU and Agriculture, Food and Nutrition Service, Mountain Plains Region -- 1987 FLRAdec NG



[ v30 p502 ]
30:0502(67)NG
The decision of the Authority follows:



 30 FLRA NO. 67
 30 FLRA 502

18 DEC 1987


NATIONAL TREASURY EMPLOYEES UNION

                           Union

      and

U.S. DEPARTMENT OF AGRICULTURE,
FOOD AND NUTRITION SERVICE,
MOUNTAIN PLAINS REGION

                           Agency

Case No. 0-NG-1440

DECISION AND ORDER ON NEGOTIABILITY ISSUE

     I. Statement of the Case

     The petition for review in this case comes before the
Authority because of a negotiability appeal filed under section
7105(a)(2)(E) of the Federal Service Labor - Management Relations
Statute (the Statute). The dispute concerns the negotiability of
one proposal which the Union presented while the parties were
negotiating a master agreement. The proposal concerns the
termination of probationary employees. We find that the proposal
is not within the duty to bargain because it is inconsistent with
law and regulation.

     II. The Proposal

      1.  An employee's separation from the rolls under
          this Article must be effected before the
          employee has completed his/her probationary
          period.

      2.  When a probationary employee is to be
          separated he/she will be notified in writing
          normally fifteen (15) workdays in advance of
          the termination. The notice will advise the
          employee of the reasons for the termination
          and t