File 2: Opinion of Member Pope

[ v61 p102 ]


Opinion of Member Pope, dissenting in part:

      I agree with the majority's decision to find that NG-2801 Proposal 2 and NG-2802 Proposal 2 are outside the duty to bargain. However, I do not agree that NG-2801 Proposal 1 and NG-2802 Proposal 1 are outside the duty to bargain. Accordingly, I dissent.

      As stated by the majority, the Authority has long held that the rights to assign employees and assign work each include the right to establish the qualifications and skills needed for positions and/or duties and to judge whether particular employees meet those qualifications and skills. See AFGE, Local 3935, 59 FLRA 481, 482 (2003). In addition, under Authority precedent, a proposal setting forth a particular method for determining qualifications, such as a test or a course, affects management's right to assign employees. See AFGE, Local 1985, 55 FLRA 1145, 1152-53 (1999); Nat'l Educ. Ass'n, Overseas Educ. Ass'n, Fort Bragg Ass'n of Educators, 53 FLRA 898, 908-9 (1997) (Fort Bragg). Specifically, the Authority has held that a proposal to delay certification requirements for a position affects management's rights to assign employees and to assign work. See NFFE, Local 1214, 40 FLRA 1181, 1187-88 (1991).

      However, the Authority has also determined that where an employee has satisfied the qualification and certification requirements established by an agency, a proposal