American Federation of Government Employees, AFL-CIO, Local 331 (Union) and Veterans Administration Hospital, Perry Point, Maryland (Activity)  

 2 FLRA No. 59
 
 AMERICAN FEDERATION OF 
 GOVERNMENT EMPLOYEES, AFL-CIO 
 LOCAL 331
 (Union)
 
 and
 
 VETERANS ADMINISTRATION 
 HOSPITAL, PERRY POINT, 
 MARYLAND
 (Activity)
 
                                            Case No. 0-NG-17
 
                                 DECISION
 
    THIS MATTER IS BEFORE THE AUTHORITY ON A REQUEST BY THE VETERANS
 ADMINISTRATION THAT THE AUTHORITY CLARIFY ITS DECISION IN THE
 ABOVE-ENTITLED CASE.
 
    IN ITS DECISION OF JANUARY 17, 1980, IN THE ABOVE-ENTITLED CASE, THE
 AUTHORITY FOUND NEGOTIABLE UNDER THE FEDERAL SERVICE LABOR-MANAGEMENT
 RELATIONS STATUTE (THE STATUTE) THE FOLLOWING UNION PROPOSAL:
 
    ARTICLE 25, PROMOTION, SECTION A-- IT IS AGREED THAT AN EMPLOYER WILL
 UTILIZE, TO THE
 
    MAXIMUM EXTENT POSSIBLE THE SKILLS, AND TALENTS OF ITS EMPLOYEES.
 THEREFORE, CONSIDERATION
 
    WILL BE GIVEN IN FILLING VACANT POSITIONS, TO EMPLOYEES WITHIN THE
 BARGAINING
 
    UNIT.  MANAGEMENT WILL NOT SOLICIT APPLICATIONS FROM OUTSIDE THE
 MINIMUM AREA OF CONSIDERATION
 
    OR CALL FOR A CIVIL SERVICE REGISTER OF CANDIDATES IF THREE OR MORE
 HIGHLY QUALIFIED
 
    CANDIDATES CAN BE IDENTIFIED WITHIN THE MINIMUM AREA OF
 CONSIDERATION.  THIS WILL NOT PREVENT
 
    APPLICANTS FROM OTHER VA FIELD UNITS APPLYING PROVIDED THEY
 SPECIFICALLY APPLY FOR THE VACANCY
 
    BEING FILLED AND THAT THEY ARE RANKED AND RATED WITH THE SAME MERIT
 PROMOTION PANEL AS LOCAL
 
    EMPLOYEES.
 
    CITING THE RELEVANT LEGISLATIVE HISTORY OF SECTION 7106(A)(2)(C) OF
 THE STATUTE, THE AUTHORITY FOUND THAT THE UNIONS PROPOSAL WOULD NOT
 PREVENT MANAGEMENT FROM EXERCISING ITS RESERVED RIGHT, IN FILLING
 POSITIONS, TO SELECT FROM AMONG PROPERLY RANKED AND CERTIFIED CANDIDATES
 FOR PROMOTION OR FROM ANY OTHER APPROPRIATE SOURCE.  RATHER, THE
 AUTHORITY CONCLUDED THAT THE PROPOSAL WOULD REQUIRE ONLY THAT
 CONSIDERATION BE GIVEN TO EMPLOYEES WITHIN THE BARGAINING UNIT IN
 FILLING VACANT POSITIONS BUT WOULD NOT PREVENT MANAGEMENT FROM
 CONSIDERING OTHER APPLICANTS, OR EXPANDING THE AREA OF CONSIDERATION
 ONCE BARGAINING UNIT EMPLOYEES WERE CONSIDERED, OR USING ANY OTHER
 APPROPRIATE SOURCE IN FILLING SUCH VACANCIES, AND THEREFORE DID NOT
 PREVENT MANAGEMENT FROM EXERCISING ITS RESERVED RIGHT TO SELECT.  SEE
 ALSO, THE NATIONAL COUNCIL OF CSA LOCALS, A.F.G.E., AFL-CIO AND THE
 COMMUNITY SERVICE ADMINISTRATION, CASE NO. O-NG-127, 3 FLRA NO. 13
 (APRIL 28, 1980), ASSOCIATION OF CIVILIAN TECHNICIANS, DELAWARE CHAPTER
 AND NATIONAL GUARD BUREAU, DELAWARE NATIONAL GUARD, CASE NO. O-NG-104, 3
 FLRA NO. 9 (APRIL 14, 1980), AND NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 1451 AND NAVY EXCHANGE, NAVAL ADMINISTRATION COMMAND,
 ORLANDO, FLORIDA, CASE NO.  O-NG-160, 3 FLRA NO. 60 (JUNE 11, 1980), IN
 WHICH THE AUTHORITY FURTHER DISCUSSED THAT DECISION IN THE CONTEXT OF
 RELATED PROPOSALS.
 
    UNDER THESE CIRCUMSTANCES, NOTING PARTICULARLY THE AUTHORITY'S
 DECISIONS IN THE ABOVE-CITED CASES, THE AUTHORITY FINDS THAT FURTHER
 CLARIFICATION OF THE SUBJECT DECISION IS NOT INDICATED.
 
    ACCORDINGLY, THE AGENCY'S REQUEST FOR CLARIFICATION IS DENIED.
 
    ISSUED, WASHINGTON, D.C., JUNE 30, 1980
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY