American Federation of Government Employees, AFL-CIO, Local 2 (Union) and U.S. Army Audio Visual Center, Washington, DC (Agency)  

 7 FLRA No. 80
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 2
 Union
 
 and
 
 U.S. ARMY AUDIO VISUAL CENTER,
 WASHINGTON, D.C.
 Agency
 
                                            Case No. O-NG-312
 
                 DECISION AND ORDER ON NEGOTIABILITY ISSUE
 
    THE PETITION FOR REVIEW IN THIS CASE COMES BEFORE THE FEDERAL LABOR
 RELATIONS AUTHORITY PURSUANT TO SECTION 7105(A)(2)(E) OF THE FEDERAL
 SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE), AND RAISES AN
 ISSUE CONCERNING THE NEGOTIABILITY OF THE FOLLOWING UNION PROPOSAL:
 
    THE CENTER RECOGNIZES THE RIGHT OF THE UNION TO PARTICIPATE IN
 DETERMINING THE PERFORMANCE
 
    STANDARDS TO BE INCLUDED IN ANY PERFORMANCE APPRAISAL SYSTEM
 ESTABLISHED BY THE AGENCY
 
    COVERING BARGAINING UNIT EMPLOYEES.
 
    THE UNION AND THE AGENCY BOTH HAVE INTERPRETED THE PROPOSAL AS
 REQUIRING COLLECTIVE BARGAINING OVER THE ESTABLISHMENT AND CONTENT OF
 PERFORMANCE STANDARDS, AN INTERPRETATION WHICH IS ADOPTED BY THE
 AUTHORITY FOR THE PURPOSE OF THIS DECISION AND WHICH CLEARLY RENDERS THE
 PROPOSAL NONNEGOTIABLE UNDER EXISTING AUTHORITY PRECEDENT.  SEE, E.G.,
 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 32 AND
 OFFICE OF PERSONNEL MANAGEMENT, WASHINGTON, D.C., 3 FLRA NO. 120(1980),
 WHEREIN THE AUTHORITY FOUND THAT UNION PROPOSAL 4-- WHICH SIMILARLY
 WOULD REQUIRE NEGOTIATIONS CONCERNING THE ESTABLISHMENT AND CONTENT OF
 PERFORMANCE STANDARDS-- WAS OUTSIDE THE DUTY TO BARGAIN IN THAT IT WOULD
 DIRECTLY INTERFERE WITH THE EXERCISE OF MANAGEMENT'S RIGHTS TO DIRECT
 EMPLOYEES AND TO ASSIGN WORK UNDER SECTION 7106(A)(2)(A) AND (B) OF THE
 STATUTE.  /1/
 
    ACCORDINGLY, PURSUANT TO SECTION 2424.10 OF THE AUTHORITY'S RULES AND
 REGULATIONS (5 CFR 2424.10(1981)), IT IS ORDERED THAT THE PETITION FOR
 REVIEW OF THE DISPUTED PROPOSAL BE, AND IT HEREBY IS, DISMISSED.
 
    ISSUED, WASHINGTON, D.C., DECEMBER 31, 1981
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 --------------- FOOTNOTES: ---------------
 
 
    /1/ SECTION 7106(A) OF THE STATUTE PROVIDES, IN PERTINENT PART, AS
 FOLLOWS:
 
    SEC. 7106.  MANAGEMENT RIGHTS
 
    (A) SUBJECT TO SUBSECTION (B) OF THIS SECTION, NOTHING IN THIS
 CHAPTER SHALL AFFECT THE AUTHORITY OF ANY MANAGEMENT OFFICIAL OF ANY
 AGENCY--
 
   .          .          .          .
 
 
    (2) IN ACCORDANCE WITH APPLICABLE LAWS--
 
    (A) TO . . . DIRECT . . . EMPLOYEES IN THE AGENCY . . . ;
 
    (B) TO ASSIGN WORK . . .