14:0457(74)NG - International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers and Norfolk Naval Shipyard -- 1984 FLRAdec NG

 14 FLRA No. 74
 
 INTERNATIONAL BROTHERHOOD
 OF BOILERMAKERS, IRON
 SHIP BUILDERS, BLACKSMITHS,
 FORGERS AND HELPERS
 Union
 
 and
 
 NORFOLK NAVAL SHIPYARD
 Agency
 
                                            Case No. O-NG-552
 
                 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).  The issue presented
 is the negotiability of the following Union proposal:
 
          Performance standards will be described in writing for
       outstanding, satisfactory, and unsatisfactory performance levels
       for each critical or non-critical element established.  All
       performance elements shall be in writing and discussed with the
       employee at the beginning of each rating cycle.  (Delete all
       future reference to marginal and highly satisfactory performance
       levels.) (Only the underlined portions are in dispute.)
 
    Upon careful consideration of the entire record, including the
 parties' contentions, the Authority makes the following determinations.
 The Union's proposal would establish the number of rating levels for the
 appraisal of an employee's performance in each job element.  In this
 regard, the proposal would have the same effect as a portion of the
 proposal in American Federation of State, County and Municipal
 Employees, AFL-CIO, Council 26 and U.S. Department of Justice, 13 FLRA
 No. 96 (1984), which the Authority held to be outside the duty to
 bargain because it interfered with management's rights under section
 7106(a) of the Statute to direct employees in the agency and to assign
 work.  In this regard, the Authority held that the number of rating
 levels was integrally related to the effectiveness of an agency's using
 performance standards to accomplish the work of the agency.  Moreover,
 the Authority held that insofar as a proposal had the effect of
 requiring or preventing the establishment of a performance standard it
 directly interfered with the agency's right to establish performance
 standards.  Base on Department of Justice and for the reasons fully
 stated therein, it is concluded that the instant proposal is outside the
 duty to bargain.  /1/ Of course, a proposal which would permit an
 employee to grieve the application to that employee of the performance
 requirements established by management would be within the duty to
 bargain.  American Federation of Government Employees, AFL-CIO, Local
 1968 and Department of Transportation, Saint Lawrence Seaway Development
 Corporation, Massena, New York, 5 FLRA 70 (1981) (Union Proposal 4),
 affirmed sub nom. American Federation of Government Employees, AFL-CIO,
 Local 1968 v. Federal Labor Relations Authority, 691 F.2d 565 (D.C. Cir.
 1982), cert. denied, . . . U.S. . . ., 103 S.Ct. 2085 (1983).
 
    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., May 9, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ In view of this determination, the Authority finds it unnecessary
 to address the Agency's additional contentions that the proposal is
 outside the duty to bargain because it conflicts with a Government-wide
 regulation and an Agency regulation for which a compelling need exists.