File 2: Opinion of Member Armendariz
[ v61 p485 ]
Concurring Opinion of Member Armendariz:
I write separately because, while I agree that the petition for review should be dismissed, I would find that all of the proposals -- including Proposal 2 -- affect management's right to assign work.
Consistent with the parties' explanations of the proposals and my understanding as to the manner in which they would operate, they would all effectively preclude the Agency from assigning work to employees unless or until certain preconditions had been met. Specifically, as to Proposals 1 and 3, they would prevent the Agency from assigning duties before employees' position descriptions (PDs) are amended, except in emergency situations. Proposal 2, though not ex