National Association of Government Employees, Local R7-23 (Union) and Headquarters, 375th Air Base Group, Scott Air Force Base, Illinois (Agency) 

 7 FLRA No. 110
 
 NATIONAL ASSOCIATION OF GOVERNMENT
 EMPLOYEES, LOCAL R7-23
 Union
 
 and
 
 HEADQUARTERS, 375TH AIR BASE GROUP,
 SCOTT AIR FORCE BASE, ILLINOIS
 Agency
 
                                            Case No. O-NG-344
 
                 DECISION AND ORDER ON NEGOTIABILITY ISSUE
 
    THE PETITION FOR REVIEW IN THIS CASE COMES BEFORE THE FEDERAL LABOR
 RELATIONS AUTHORITY (THE AUTHORITY) PURSUANT TO SECTION 7105(A)(2)(E) OF
 THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE),
 AND INVOLVES THE NEGOTIABILITY OF THE FOLLOWING UNION PROPOSAL:
 
    MANAGEMENT WILL TAKE INTO CONSIDERATION UNION RECOMMENDED PUNITIVE
 AND REMEDIAL ACTIONS IN
 
    REGARD TO MANAGEMENT OFFICIALS AND SUPERVISORS WHO ARE FOUND
 RESPONSIBLE FOR VIOLATIONS OF THE
 
    RIGHTS OF EMPLOYEES.
 
    UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE
 PARTIES' CONTENTIONS, THE AUTHORITY MAKES THE FOLLOWING DETERMINATIONS.
 
    IN AGREEMENT WITH THE AGENCY, THE AUTHORITY FINDS THAT THIS PROPOSAL
 DOES NOT DIRECTLY RELATE TO CONDITIONS OF EMPLOYMENT OF UNIT EMPLOYEES.
 RATHER, IT RELATES TO THE DISCIPLINE OF MANAGEMENT OFFICIALS AND
 SUPERVISORS WHO ARE EXCLUDED FROM THE BARGAINING UNIT.  CONSEQUENTLY,
 FOR THE REASONS STATED IN AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
 NATIONAL COUNCIL OF EEOC LOCALS NO. 216, AFL-CIO AND EQUAL EMPLOYMENT
 OPPORTUNITY COMMISSION, WASHINGTON, D.C., 3 FLRA NO. 80(1980), THE
 UNION'S PROPOSAL IS OUTSIDE THE DUTY TO BARGAIN UNDER THE STATUTE.
 
    ACCORDINGLY, PURSUANT TO SECTION 2424.10 OF THE AUTHORITY'S RULES AND
 REGULATIONS (5 CFR 2424.10(1981)), IT IS ORDERED THAT THE UNION'S
 PETITION FOR REVIEW BE, AND IT HEREBY IS, DISMISSED.
 
    ISSUED, WASHINGTON, D.C., JANUARY 22, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY