09:0819(105)NG - NFFE Local 78 and VA Regional Office, Indianapolis, IN -- 1982 FLRAdec NG

 9 FLRA No. 105
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 78
 Union
 
 and
 
 VETERANS ADMINISTRATION REGIONAL
 OFFICE, INDIANAPOLIS, INDIANA
 Agency
 
                                            Case No. O-NG-487
 
                 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 PRESENTS ISSUES
 RELATING TO THE NEGOTIABILITY OF THE FOLLOWING UNION PROPOSAL.
 
    SELECTION
 
    A.  EXCEPT FOR POSITIONS IN THE OFFICE OF THE DIRECTOR, THE SELECTING
 PANEL WILL BE THE
 
    ASSISTANT DIRECTOR PERSONNEL OFFICER AND THE DIVISION CHIEF OF THE
 DIVISION HAVING THE
 
    VACANCY.  THIS PANEL WILL HAVE A UNION OBSERVER.
 
    B.  THE SELECTING PANEL HAS THE RIGHT TO SELECT OR NON-SELECT FROM A
 PROPERLY CONSTRUCTED
 
    PROMOTION CERTIFICATE OR FROM ANY OTHER APPROPRIATE SOURCE OF
 CANDIDATES AND RETURN THE
 
    CERTIFICATE UNUSED.  WHERE MULTIPLE VACANCIES ARE INVOLVED, THIS
 INCLUDES THE RIGHT TO SELECT
 
    FOR ONE OR MORE VACANCIES AT THE SAME OR OTHER GRADE LEVELS (IF
 APPLICABLE) AND TO RETURN THE
 
    CERTIFICATE WITHOUT SELECTING FOR REMAINING VACANCIES.  THE SELECTING
 PANEL MAY ALSO DECIDE TO
 
    CONSIDER AND/OR SELECT CANDIDATES FROM OTHER RECRUITMENT SOURCES.
 
    C.  THE SELECTING PANEL WILL MAKE A SELECTION DECISION WITHIN 5
 WORKDAYS AFTER RECEIPT OF A
 
    PROMOTION CERTIFICATE CONSISTING OF LOCAL CANDIDATES AND WITHIN 10
 WORKDAYS IF THE CANDIDATES
 
    ARE FROM AN EXTENDED AREA.
 
    UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE
 PARTIES' CONTENTIONS, THE AUTHORITY MAKES THE FOLLOWING DETERMINATION.
 THIS PROPOSAL PRESCRIBES SPECIFIC DUTIES WHICH PARTICULAR NON-BARGAINING
 UNIT PERSONNEL IN THE AGENCY WOULD PERFORM.  SUCH A PROPOSAL WOULD
 DIRECTLY INTERFERE WITH MANAGEMENT'S RIGHT "TO ASSIGN WORK" UNDER
 SECTION 7106(A)(2)(B) OF THE STATUTE BY ELIMINATING THE DISCRETION
 INHERENT IN THAT RIGHT AND, HENCE, IS OUTSIDE THE DUTY TO BARGAIN.
 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 1331 AND
 DEPARTMENT OF AGRICULTURE, SCIENCE AND EDUCATION ADMINISTRATION, EASTERN
 REGIONAL RESEARCH CENTER, PHILADELPHIA, PENNSYLVANIA, 4 FLRA NO.
 2(1980).
 
    ACCORDINGLY, 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 4, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
                       HENRY B. FRAZIER III, MEMBER
                       LEON B. APPLEWHAITE, MEMBER
                       FEDERAL LABOR RELATIONS AUTHORITY