National Association of Government Employees, Local R7-23 (Union) and Headquarters, 375th Air Base Group, Scott Air Force Base (MAC), Illinois (Agency)
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07:0736(117)NG
The decision of the Authority follows:
7 FLRA No. 117
NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES, LOCAL R7-23
Union
and
HEADQUARTERS, 375TH AIR BASE GROUP,
SCOTT AIR FORCE BASE (MAC), ILLINOIS
Agency
Case No. O-NG-285
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:
ARTICLE XXXVII
SECTION 1. EACH EMPLOYEE SHALL BE PERMITTED TO RATE HIS/HER
SUPERVISOR TWICE EACH YEAR AND
MANAGEMENT SHALL TAKE INTO CONSIDERATION THE RATING OF SUPERVISORS BY
EMPLOYEES ON SUCH
MATTERS AS REMEDIAL TRAINING, DISCIPLINARY ACTIONS, PROMOTIONS AND
OTHER APPROPRIATE MATTERS.
UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE
PARTIES' CONTENTIONS, THE AUTHORITY MAKES THE FOLLOWING DETERMINATION.
IN AGREEMENT WITH THE AGENCY, THE AUTHORITY FINDS THAT THIS PROPOSAL
DOES NOT DIRECTLY RELATE TO CONDITIONS OF EMPLOYMENT OF UNIT EMPLOYEES.
RATHER, IT PRIMARILY RELATES TO MATTERS AFFECTING SUPERVISORS WHO ARE
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