File 2: Opinion of Member Pope
[ v61 p225 ]
Member Carol Waller Pope, concurring in part and dissenting in part:
I agree, for the reasons stated by the majority, that Proposals 4, 6, 7, and 9, are within the duty to bargain, and that Proposals 5, 8, and 10 are outside the duty to bargain. I also agree that Proposal 1 is outside the duty to bargain based on its effect on the Agency's right to contract out. [n1] I disagree with the majority=s determination that Proposals 2 and 3 are outside the duty to bargain.
Proposal 2 states that Aunit employees shall receive first consideration@ for unit vacancies. As explained by the Union and interpreted by the majority, the proposal permits simultaneous solicitation of unit and nonunit applications, but requires that the Agency "perform any actions in the selection process with regard to bargaining unit candidates before taking those same actions for nonunit candidates." Majority Opinion at 6. As the Union explained, "if management reviews a candidate's resume and SF-171, it would do so for all bargaining unit employee candidates before reviewing those documents from non-bargaining unit candidates." Post-petition Conference Report at 2.
Interpreted in this manner, it is clear that Proposal 2 does not affect management=s right to select. In this regard, the Authority consistently has held that Aa proposal [that] requires an agency to give first conside