09:0735(91)NG - National Union of Compliance Officers, Ind. And Labor, Labor-Management Services Administration -- 1982 FLRAdec NG

 9 FLRA No. 91
 
 NATIONAL UNION OF COMPLIANCE
 OFFICERS, IND.
 Union
 
 and
 
 U.S. DEPARTMENT OF LABOR
 LABOR-MANAGEMENT SERVICES
 ADMINISTRATION
 Agency
 
                                            Case No. O-NG-490
 
                 DECISION AND ORDER ON NEGOTIABILITY ISSUE
 
    THE PETITION FOR REVIEW IN THIS CASE COMES BEFORE THE AUTHORITY
 PURSUANT TO SECTION 7105(A)(2)(E) OF THE FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE), AND RAISES ISSUES
 RELATING TO THE NEGOTIABILITY OF THE FOLLOWING UNION PROPOSAL.
 
    PROMOTIONS FOR 120 CALENDAR DAYS OR LESS, FOR WHICH UNIT EMPLOYEES
 ARE ELIGIBLE TO COMPETE,
 
    SHALL BE SUBJECT TO INTERNAL COMPETITIVE MERIT STAFFING PROCEDURES
 PURSUANT TO THE
 
    U.D. DEPARTMENT OF LABOR'S MERIT STAFFING PLAN AND ARTICLE II OF THE
 NUCO/LMSA COLLECTIVE
 
    BARGAINING AGREEMENT WITH THE FOLLOWING MODIFICATIONS:
 
    A.  ACTIONS UNDER A PROMOTION PLAN, WHETHER IN IDENTIFICATION,
 QUALIFICATION, EVALUATION,
 
    OR SELECTION OF CANDIDATES, OR ANY OTHER PHASE OF THE PROMOTION
 PROCESS SHALL BE MADE WITHOUT
 
    REGARD TO POLITICAL, RELIGIOUS, OR LABOR ORGANIZATION AFFILIATION OR
 NON-AFFILIATION, MARITAL
 
    STATUS, RACE, COLOR, SEX, NATIONAL ORIGIN, NON-QUALIFYING (SIC)
 PHYSICAL HANDICAP, OR AGE, AND
 
    SHALL NOT BE BASED ON ANY CRITERIA THAT ARE NOT JOB RELATED,
 INCLUDING FAVORITISM BASED ON
 
    PERSONAL RELATIONSHIP, PATRONAGE OR NEPOTISM.
 
    B.  LMSA WILL AVOID PREFERENTIAL MANAGEMENT PRACTICES WHICH MAY LEAD
 EMPLOYEES TO BELIEVE
 
    THAT A PERSON WAS PRESELECTED FOR A VACANCY OR THAT SELECTION WAS
 BASED ON FAVORITISM.  THESE
 
    PRACTICES INCLUDE ACTIONS TAKEN BY MANAGEMENT DESIGNED TO GIVE
 PREFERENCE IN PROMOTION TO A
 
    PREDETERMINED INDIVIDUAL OR GROUP OF INDIVIDUALS SUCH AS ASSIGNING AN
 EMPLOYEE TO SERVE AS AN
 
    UNDERSTUDY, WITHOUT COMPETITION, SINGLING OUT ONE OR A GROUP OF
 EMPLOYEES FOR SPECIAL TRAINING
 
    OR ASSIGNING CERTAIN EMPLOYEES TO MORE DIFFICULT DUTIES WITH THE
 INTENT OF TRAINING THEM FOR
 
    HIGHER GRADE WORK.  THESE PRACTICES TEND TO UNDERMINE EMPLOYEE
 CONFIDENCE IN THE SYSTEM AND
 
    GIVE RISE TO COMPLAINTS EVEN THOUGH THE SELECTION WAS PROPER.
 
    C.  LMSA AGREES THAT OUTSIDE APPLICANTS SELECTED FOR A VACANCY MUST
 BE BETTER QUALIFIED
 
    THAN BARGAINING UNIT APPLICANTS.
 
    D.  THE PHRASE "FOR WHICH UNIT EMPLOYEES ARE ELIGIBLE TO COMPETE"
 SHALL BE SUBSTITUTED FOR
 
    ALL REFERENCES TO THE PHRASE "IN THE UNIT" FOUND UNDER ARTICLE II OF
 THE NUCO/LMSA COLLECTIVE
 
    BARGAINING AGREEMENT.
 
    UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE
 PARTIES' CONTENTIONS, THE AUTHORITY MAKES THE FOLLOWING DETERMINATION.
 THE RECORD IN THIS CASE INDICATES THAT THIS PROPOSAL WOULD PRESCRIBE THE
 PROCEDURES WHICH MANAGEMENT MUST FOLLOW IN FILLING SUPERVISORY POSITIONS
 ON A TEMPORARY BASIS.  SUCH POSITIONS ARE EXCLUDED FROM APPROPRIATE
 BARGAINING UNITS BY SECTION 7112(B)(1) OF THE STATUTE AND, WHILE AN
 AGENCY IS NOT PROHIBITED FROM BARGAINING ON PROCEDURES FOR FILLING SUCH
 POSITIONS, IT IS NOT OBLIGATED TO DO SO.  INTERNATIONAL ASSOCIATION OF
 FIRE FIGHTERS, LOCAL F-61 AND PHILADELPHIA NAVAL SHIPYARD, 3 FLRA 438
 (1980) (PROPOSAL III).
 
    ACCORDINGLY, SINCE THE AGENCY HAS ELECTED NOT TO BARGAIN ON THIS
 PROPOSAL, PURSUANT TO SECTION 2424.10 OF THE AUTHORITY'S RULES AND
 REGULATIONS, IT IS ORDERED THAT THE UNION'S PETITION FOR REVIEW BE, AND
 IT HEREBY IS, DISMISSED.  
 
 ISSUED, WASHINGTON, D.C., AUGUST 3, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
                       HENRY B. FRAZIER III, MEMBER
                       LEON B. APPLEWHAITE, MEMBER
                       FEDERAL LABOR RELATIONS AUTHORITY