09:0478(56)NG - NFFE Local 15 and HQ, Army Armament Materiel Readiness Command, Rock Island Arsenal, IL -- 1982 FLRAdec NG

 9 FLRA No. 56
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 15
 Union
 
 and
 
 HEADQUARTERS, U.S. ARMY
 ARMAMENT MATERIAL READINESS COMMAND,
 ROCK ISLAND ARSENAL, ILLINOIS
 Agency
 
                                            Case No. O-NG-355
 
                DECISION AND ORDER ON NEGOTIABILITY APPEAL
 
    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 STATUTE (THE STATUTE), AND RAISES
 AN ISSUE AS TO THE NEGOTIABILITY OF A UNION PROPOSAL FOR A NEGOTIATED
 GRIEVANCE PROCEDURE WHICH DOES NOT SPECIFICALLY EXCLUDE GRIEVANCES
 CONCERNING IMPROPER RATINGS AND REFERRALS UNDER THE ARMY'S CAREER
 MANAGEMENT PROGRAM.
 
    UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE
 PARTIES' CONTENTIONS, THE AUTHORITY MAKES THE FOLLOWING DETERMINATIONS.
 
    THE AGENCY SUMMARIZES THE DISPUTE BETWEEN THE PARTIES HEREIN AS
 FOLLOWS:  "MANAGEMENT'S PROPOSAL WOULD EXEMPT FROM COVERAGE UNDER THE
 NEGOTIATED GRIEVANCE PROCEDURES THOSE PROMOTION AND PLACEMENT ACTIONS
 TAKEN UNDER THE DEPARTMENT OF THE ARMY CIVILIAN PERSONNEL REGULATION
 (CPR) 950-1, CAREER MANAGEMENT - BASIC POLICIES AND REQUIREMENTS.  THE
 UNION'S 'PROPOSAL' OR 'POSITION' IS TO INCLUDE THEM." /1/ THE AGENCY
 CONTENDS THAT THE UNION'S PROPOSAL WHICH WOULD INCLUDE SUCH GRIEVANCES
 IS OUTSIDE THE DUTY TO BARGAIN BECAUSE IT WOULD CONFLICT WITH A
 REGULATION FOR WHICH THERE IS A COMPELLING NEED.  SEE SECTION 7117 OF
 THE STATUTE AND SECTION 2424.11 OF THE AUTHORITY'S RULES AND
 REGULATIONS.  THE REGULATION IS CPR 950-1 WHICH ESTABLISHES THE ARMY'S
 CAREER MANAGEMENT SYSTEM UNDER WHICH PROMOTION AND PLACEMENT ACTIONS AT
 MANDATORY REFERRAL LEVELS ARE TAKEN.
 
    THIS CONTENTION CANNOT BE SUSTAINED.  WHILE THE ARMY'S REGULATIONS
 MAY LIMIT THE SCOPE OF THE AGENCY'S GRIEVANCE PROCEDURES, SUCH
 REGULATIONS MAY NOT BE APPLIED IN A MANNER INCONSISTENT WITH THE BROAD
 SCOPE NEGOTIATED GRIEVANCE PROCEDURES ALLOWED UNDER SECTION 7121 OF THE
 STATUTE.  UNDER SECTION 7121 A NEGOTIATED GRIEVANCE PROCEDURE EXTENDS TO
 ALL MATTERS WHICH UNDER THE PROVISIONS OF LAW COULD BE COVERED UNLESS
 THE PARTIES AGREE THROUGH COLLECTIVE BARGAINING TO A PROCEDURE HAVING A
 NARROWER COVERAGE.  SEE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
 AFL-CIO, LOCAL 2782 AND DEPARTMENT OF COMMERCE, BUREAU OF THE CENSUS,
 WASHINGTON, D.C., 6 FLRA NO. 56 (1981) AT 9.
 
    THE AGENCY HEREIN DOES NOT ADVERT TO ANY PROVISION OF LAW WHICH WOULD
 EXCLUDE FROM COVERAGE GRIEVANCES CONCERNING PROMOTION AND PLACEMENT
 ACTIONS UNDER CPR 950-1.  IT IS THEREFORE CONCLUDED THAT THE UNION'S
 PROPOSAL IS WITHIN 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 AGENCY SHALL
 UPON REQUEST (OR AS OTHERWISE AGREED TO BY THE PARTIES) BARGAIN
 CONCERNING THE UNION'S PROPOSAL.  /2/ 
 
 ISSUED, WASHINGTON, D.C., JULY 16, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
                       HENRY B. FRAZIER III, MEMBER
                       LEON B. APPLEWHAITE, MEMBER
                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ THE AUTHORITY REJECTS THE AGENCY'S CONTENTION THAT THE UNION'S
 PROPOSAL IS NOT SUFFICIENTLY SPECIFIC AND DELIMITED.  SEE AMERICAN
 FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 3354 AND U.S.
 DEPARTMENT OF AGRICULTURE, FARMERS HOME ADMINISTRATION, ST.  LOUIS,
 MISSOURI, 3 FLRA 321 (1980)
 
    /2/ IN DECIDING THAT THE UNION'S PROPOSAL IS WITHIN THE DUTY TO
 BARGAIN, THE AUTHORITY MAKES NO JUDGMENT AS TO ITS MERITS.