11:0172(38)NG - NFFE Local 15 and Army, Rock Island Arsenal, IL -- 1983 FLRAdec NG
[ v11 p172 ]
11:0172(38)NG
The decision of the Authority follows:
11 FLRA No. 38
NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 15
Union
and
DEPARTMENT OF THE ARMY, ROCK
ISLAND ARSENAL, ILLINOIS
Activity
Case No. O-NG-307
DECISION AND ORDER ON NEGOTIABILITY ISSUE
The petition for review in this case comes before the Authority
pursuant to section 7105(a)(2)(D) and (E) of the Federal Service
Labor-Management Relations Statute (the Statute), and raises an issue
concerning the negotiability of the underscored portions of the
following proposals. Upon careful consideration of the entire record,
including the parties' contentions, the Authority makes the following
determinations.
Union Proposal 1 and 2
Section 2. Scope: This Article applies to all promotion and
placement actions taken within the Unit.
Section 3. AREA OF CONSIDERATION:
(a) The minimum area will normally be confined to the
organizational entity which will produce from three (3) to five
(5) highly qualified candidates. For positions GS-6 or below, the
minimum area shall be no less than the Directorate Office or
equivalent. For positions GS-7 or above, the minimum area shall
be no less than HQ ARCOM. These minimum areas shall not apply in
the following instances:
(1) Where there is documented evidence in the promotion folders
which supports the fact that the minimum area has not been
provided three (3) to five (5) highly qualified candidates in the
past.
(2) Where, in the reasonable judgment of CPO representatives,
the minimum area will not provide three (3) to five (5) highly
qualified candidates. Any extensions to the minimum area of
consideration, other than that stated in subparagraphs (a) and
(b), supra, shall not be accomplished without prior meeting and
conferring with the Union.
(b) If the minimum area is extended through application of
Subparagraphs (1) and (2), supra, the following shall apply:
(1) The areas of consideration shall be systematically
expanded, in accordance with the Promotion Program, and may
include mandatory referral levels established by CPR 950-1.
(2) A RIA, CPO representative shall contact a designated Union
official and express his or her reasons for the expansion of the
minimum area. The expansion of the minimum area shall be limited
to an area which will reasonably provide three (3) to five (5)
highly qualified candidates, in the best judgement of the Chief of
Recruitment and Placement Division, RIA, CPO. However, after the
recruitment action is completed, a representative from RIA, CPO
and the above designated Union representative shall review the
results.
(3) If the evidence shows that the minimum area of
consideration provides three (3) to five (5) highly qualified
candidates, further announcements shall reflect the minimum area
in the vacancy announcement for the initial search.
(4) If the evidence shows that the minimum area of
consideration does not provide three (3) to five (5) highly
qualified candidates, this evidence will be recorded in t e
promotion folder and the minimum area of consideration on future
announcements shall be in accordance with paragraph (2), supra.
Once this determination has been made, it will not be necessary
for the CPO representative to contact the designated union
official prior to announcing similar vacancies.
(c) Mandatory additions to the minimum area:
(1) Voluntary applications from DA employees outside the
minimum area of consideration who have SF 171 on file prior to
vacancy announcements or cut-off date on open continuous
announcements shall be considered for positions which provide for
promotion or afford known promotion potential.
(2) Concurrent consideration of candidates outside DA is
mandatory in all cases involving entry into Career Management
Programs.
(3) Employees demoted through no fault of their own by Employer
action will be permitted to make direct application on positions
which provide for promotion or afford known promotion potential.
The Agency contends that the disputed proposals normally would
prevent expansion of the minimum area of consideration for promotion and
placement actions where the Agency finds that the minimum area would
yield from 3 to 5 highly qualified candidates. Literally, the proposals
are subject to the Agency's interpretation and nothing in the record
indicates that a different meaning was intended. It is therefore
adopted by the Authority for the purpose of this decision.
The Authority concludes that the disputed proposals, by foreclosing
expansion of the area of consideration in the circumstances described,
are inconsistent with management's right to make selections from among
properly ranked and certified candidates or from any other appropriate
source under section 7106(a)(2)(C) of the Statute and are, therefore,
outside the duty to bargain. National Federation of Federal Employees,
Local 1332 and Headquarters, U.S. Army Materiel Development and
Readiness Command, Alexandria, Virginia, 6 FLRA No. 66 (1981), (proposal
IV). /1/
Accordingly, pursuant to section 2424.10 of the Authority's Rules and
Regulations (5 CFR 2424.10 (1981)), IT IS ORDERED that the petition for
review be, and it hereby is, dismissed. Issued, Washington, D.C.,
January 28, 1983
Ronald W. Haughton, Chairman
Henry B. Frazier III, Member
Leon B. Applewhaite, Member
FEDERAL LABOR RELATIONS AUTHORITY
--------------- FOOTNOTES$ ---------------
/1/ In view of the decision herein, the Authority finds it
unnecessary to reach the Agency's contention that negotiation of the
proposals is barred by an Agency regulation (CPR 950-1) for which there
is a compelling need. In this connection, however, the parties'
attention is further directed to the discussion in the cited case with
regard to proposal V.