15:0959(178)AR - Justice, Federal Prison System and AFGE, Council of Prison Locals, Local 1741 -- 1984 FLRAdec AR
[ v15 p959 ]
15:0959(178)AR
The decision of the Authority follows:
15 FLRA No. 178
U.S. DEPARTMENT OF JUSTICE,
FEDERAL PRISON SYSTEM
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, COUNCIL OF PRISON LOCALS,
LOCAL 1741
Union
Case No. O-AR-389
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Sol M. Elkin filed by the Agency under section 7122(a) of the
Federal Service Labor-Management Relations Statute and part 2425 of the
Authority's Rules and Regulations.
The parties stipulated the following issue for determination by the
Arbitrator:
Whether Management violated the collective bargaining agreement
when it reassigned the Grievant from his position as Security
Officer to the position of Senior Specialist. If so, what shall
be the remedy?
The Arbitrator determined that the grievant's reassignment was
procedurally deficient under the parties' collective bargaining
agreement and was not in accordance with 5 U.S.C. 4302(b)(6) /1/
providing an employee an opportunity to demonstrate acceptable
performance before reassignment. Accordingly, the Arbitrator awarded as
follows:
The grievance is granted. The Grievant shall be reinstated to
the position he held prior to his reassignment and be given 60
days to demonstrate his ability to perform the job. At the end of
the trial period his performance shall again be evaluated. If
that evaluation indicates inadequate performance, the Employer may
reassign him or take any other appropriate action in accordance
with the collective bargaining agreement and applicable laws and
regulations.
As one of its exceptions the Agency contends that the award is
contrary to management's right under section 7106(a)(2)(A) to assign
employees. The Authority agrees.
In American Federation of Government Employees, Local 1760 and
Department of Health and Human Services, Social Security Administration
Northeast Program Service Center, 9 FLRA 1025 (1982) (proposal 1), the
Authority considered a proposal which would have prevented the agency
from exercising certain management rights under section 7106(a) (to
remove or reduce in grade employees under section 7106(a)(2)(A)) without
first allowing the employee an opportunity to perform in a like-graded
position. The Authority held that the proposal was inconsistent with
management's rights under section 7106(a) since it would impose a
condition which itself would interfere with the exercise of those rights
by the agency. In this respect it is well established that an
arbitrator's award likewise may not interfere with the exercise by an
agency of its rights under section 7106(a). E.g., Veterans
Administration Hospital, Lebanon, Pennsylvania and American Federation
of Government Employees, AFL-CIO, Local 1966, 11 FLRA No. 43 (1983).
Thus, in terms of this case, by vacating management's assignment of the
grievant from his security officer position to the senior specialist
position and by improperly conditioning that assignment on a 60-day
trial period in which the grievant has an opportunity to demonstrate his
ability to perform, the award directly interferes with management's
right to assign employees under section 7106(a)(2)(A). In addition,
because the record before the Authority clearly indicates that at the
time of the grievant's reassignment, a performance appraisal system had
neither been established nor approved at the Activity under 5
U.S.C.Chapter 43, the provisions of 5 U.S.C. 4302(b)(6) were
inapplicable. See Wells v. Harris, 1 MSPB 199 (1979). Therefore, the
Arbitrator's award is deficient as contrary to section 7106(a) of the
Statute and is not otherwise authorized by 5 U.S.C. 4302(b)(6).
Accordingly, the award is set aside.
Issued, Washington, D.C., August 31, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
(ORDER DENYING MOTION FOR
RECONSIDERATION OF Case
No. O-AR-659)
U.S. ARMY AVIATION CENTER,
FORT RUCKER, ALABAMA
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1815
Union
Case No. O-AR-659
ORDER DENYING MOTION FOR RECONSIDERATION
This matter is before the Authority on a motion filed by the Union
seeking reconsideration of the Authority's decision of March 20, 1984,
denying the Union's exceptions to the Arbitrator's award. In that
decision, the Authority concluded that the Union failed to establish in
its exceptions that the Arbitrator's award was deficient on any of the
grounds set forth in section 7122(b) of the Federal Service
Labor-Management Relations Statute. In its motion for reconsideration,
the Union essentially reiterates the same arguments presented in its
exceptions to the award.
Section 2429.17 of the Authority's Rules and Regulations permits a
party that can establish "extraordinary circumstances" to move for
reconsideration of a decision of the Authority. Here, however, the
Union has not established "extraordinary circumstances" within the
meaning of section 2429.17. Rather, the arguments presented by the
Union in support of its motion constitute nothing more than disagreement
with the merits of the Authority's decision.
Accordingly, the Union's motion for reconsideration is hereby denied.
Issued, Washington, D.C., August 28, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
(ORDER DENYING MOTION FOR
RECONSIDERATION OF Case
No. O-PR-711)
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, COUNCIL 236
Union
and
GENERAL SERVICES ADMINISTRATION
Agency
Case No. O-AR-711
ORDER DENYING MOTION FOR RECONSIDERATION
This matter is before the Authority on a motion filed by the Agency
seeking reconsideration of the Authority's decision of April 6, 1984,
denying the Agency's exceptions to the Arbitrator's award. In that
decision, the Authority concluded that the Agency failed to establish in
its exceptions that the Arbitrator's award was deficient on any of the
grounds set forth in section 7122(b) of the Federal Service
Labor-Management Relations Statute. In its motion for reconsideration,
the Agency expresses its disagreement with the Authority's conclusion
and essentially reiterates the same arguments presented in its
exceptions to the award.
Section 2429.17 of the Authority's Rules and Regulations permits a
party that can establish "extraordinary circumstances" to move for
reconsideration of a decision of the Authority. Here, however, the
Agency has not established "extraordinary circumstances" within the
meaning of section 2429.17. Rather, the arguments presented by the
Agency in support of its motion merely constitute disagreement with the
merits of the Authority's decision.
Accordingly, the Agency's motion for reconsideration is hereby
denied.
Issued, Washington, D.C., August 28, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
U.S. DEPARTMENT OF JUSTICE, FEDERAL
PRISON SYSTEM, FEDERAL CORRECTIONAL
INSTITUTION
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 2052
Union
Case No. O-AR-560
DECISION
This matter is before the Authority on an exception to the award of
Arbitrator Bertram Gottlieb filed by the Union under section 7122(a) of
the Federal Service Labor-Management Relations Statute and part 2425 of
the Authority's Rules and Regulations. /2/
Upon careful consideration of the entire record before the Authority,
the Authority concludes that the Union has failed to establish that the
Arbitrator's award is deficient on any of the grounds set forth in
section 7122(a) of the Statute; that is, that the award is contrary to
any law, rule, or regulation, or that the award is deficient on other
grounds similar to those applied by Federal courts in private sector
labor-management relations.
Accordingly, the Union's exception is denied.
Issued, Washington, D.C., August 17, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
Case No. O-AR-597; August 23, 1984.
DEPARTMENT OF THE ARMY,
HEADQUARTERS, FORT HUACHUCA,
ARIZONA
Activity
and 4 AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1662
Union
Case No. O-AR-597
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Joseph F. Gentile filed by the Union under section 7122(a) of
the Federal Service Labor-Management Relations Statute and part 2425 of
the Authority's Rules and Regulations.
Upon careful consideration of the entire record before the Authority,
the Authority concludes that the Union has failed to establish that the
Arbitrator's award is deficient on any of the grounds set forth in
section 7122(a) of the Statute; that is, that the award is contrary to
any law, rule, or regulation, or that the award is deficient on other
grounds similar to those applied by Federal courts in private sector
labor-management relations.
Accordingly, the Union's exceptions are denied.
Issued, Washington, D.C., August 23, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
DEPARTMENT OF THE NAVY
PORTSMOUTH NAVAL SHIPYARD
Activity
and
FEDERAL EMPLOYEES METAL
TRADES COUNCIL
Union
Case No. O-AR-706
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Louis P. Pittocco filed by the Union under section 7122(a) of
the Federal Service Labor-Management Relations Statute and part 2425 of
the Authority's Rules and Regulations.
Upon careful consideration of the entire record before the Authority,
the Authority concludes that the Union has failed to establish that the
Arbitrator's award is deficient on any of the grounds set forth in
section 7122(a) of the Statute; that is, that the award is contrary to
any law, rule, or regulation, or that the award is deficient on other
grounds similar to those applied by Federal courts in private sector
labor-management relations.
Accordingly, the Union's exceptions are denied.
Issued, Washington, D.C., August 23, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
DEPARTMENT OF THE TREASURY,
U.S. CUSTOMS SERVICE, REGION II
Activity
and
NATIONAL TREASURY EMPLOYEES UNION,
CHAPTER 183
Union
Case No. O-AR-760
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator David M. Kaplan filed by the Union under section 7122(a) of
the Federal Service Labor-Management Relations Statute and part 2425 of
the Authority's Rules and Regulations.
Upon careful consideration of the entire record before the Authority,
the Authority concludes that the Union has failed to establish that the
Arbitrator's award is deficient on any of the grounds set forth in
section 7122(a) of the Statute; that is, that the award is contrary to
any law, rule, or regulation, or that the award is deficient on other
grounds similar to those applied by Federal courts in private sector
labor-management relations.
Accordingly, the Union's exceptions are denied.
Issued, Washington, D.C., August 23, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
U.S. DEPARTMENT OF JUSTICE
IMMIGRATION AND NATURALIZATION SERVICE
Agency
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2724
Union
Case No. O-AR-782
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Stephen E. McCloskey filed by the Union under section 7122(a)
of the Federal Service Labor-Management Relations Statute and part 2425
of the Authority's Rules and Regulations.
Upon careful consideration of the entire record before the Authority,
the Authority concludes that the Union has failed to establish that the
Arbitrator's award is deficient on any of the grounds set forth in
section 7122(a) of the Statute; that is, that the award is contrary to
any law, rule, or regulation, or that the award is deficient on other
grounds similar to those applied by Federal courts in private sector
labor-management relations.
Accordingly, the Union's exceptions are denied.
Issued, Washington, D.C., August 23, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
Case No. O-AR-786; August 23, 1984.
DEPARTMENT OF THE NAVY,
STRATEGIC WEAPONS FACILITY
PACIFIC
Facility
and
INTERNATIONAL ASSOCIATION OF
MACHINIST AND AEROSPACE WORKERS,
LOCAL 282
Union
Case No. O-AR-786
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator J. B. Gillingham filed by the Union under section 7122(a) of
the Federal Service Labor-Management Relations Statute and part 2425 of
the Authority's Rules and Regulations.
Upon careful consideration of the entire record before the Authority,
the Authority concludes that the Union has failed to establish that the
Arbitrator's award is deficient on any of the grounds set forth in
section 7122(a) of the Statute; that is, that the award is contrary to
any law, rule, or regulation, or that the award is deficient on other
grounds similar to those applied by Federal courts in private sector
labor-management relations.
Accordingly, the Union's exceptions are denied.
Issued, Washington, D.C., August 23, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
GENERAL SERVICES ADMINISTRATION
Agency
AND
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, COUNCIL 236
Union
Case No. O-AR-772
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Thomas Angelo filed by the Agency under section 7122(a) of
the Federal Service Labor-Management Relations Statute and part 2425 of
the Authority's Rules and Regulations.
Upon careful consideration of the entire record before the Authority,
the Authority concludes that the Agency has failed to establish that the
Arbitrator's award is deficient on any of the grounds set forth in
section 7122(a) of the Statute; that is, that the award is contrary to
any law, rule, or regulation, or that the award is deficient on other
grounds similar to those applied by Federal courts in private sector
labor-management relations.
Accordingly, the Agency's exceptions are denied.
Issued, Washington, D.C., August 28, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
NAVAL AIR STATION, CORPUS
CHRISTI, TEXAS
Activity
and
NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 797
Union
Case No. O-AR-751
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator I. B. Helburn filed by the Union under section 7122(a) of the
Federal Service Labor-Management Relations Statute and part , 2425 of
the Authority's Rules and Regulations.
Upon careful consideration of the entire record before the Authority,
the Authority concludes that the Union has failed to establish that the
Arbitrator's award is deficient on any of the grounds set forth in
section 7122(a) of the Statute; that is, that the award is contrary to
any law, rule, or regulation, or that the award is deficient on other
grounds similar to those applied by Federal courts in private sector
labor-management relations.
Accordingly, the Union's exceptions are denied.
Issued, Washington, D.C., August 29, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
U.S. CUSTOMS SERVICE
Agency
and
NATIONAL TREASURY EMPLOYEES
UNION, CHAPTER 161
Union
Case No. O-AR-758
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Monroe Berkowitz filed by the Agency under section 7122(a) of
the Federal Service Labor-Management Relations Statute and part 2425 of
the Authority's Rules and Regulations.
Upon careful consideration of the entire record before the Authority,
the Authority concludes that the Agency has failed to establish that the
Arbitrator's award is deficient on any of the grounds set forth in
section 7122(a) of the Statute; that is, that the award is contrary to
any law, rule, or regulation, or that the award is deficient on other
grounds similar to those applied by Federal courts in private sector
labor-management relations.
Accordingly, the Agency's exceptions are denied.
Issued, Washington, D.C., August 29, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
INTERNAL REVENUE SERVICE,
National OFFICE, WASHINGTON, D.C.
Agency
and
NATIONAL TREASURY EMPLOYEES UNION,
NATIONAL OFFICE CHAPTER NO. 65
Union
Case No. O-AR-778
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Clair V. Duff filed by the Union under section 7122(a) of the
Federal Service Labor-Management Relations Statute and part 2425 of the
Authority's Rules and Regulations.
Upon careful consideration of the entire record before the Authority,
the Authority concludes that the Union has failed to establish that the
Arbitrator's award is deficient on any of the grounds set forth in
section 7122(a) of the Statute; that is, that the award is contrary to
any law, rule, or regulation, or that the award is deficient on other
grounds similar to those applied by Federal courts in private sector
labor-management relations.
Accordingly, the Union's exceptions are denied.
Issued, Washington, D.C., August 29, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
U.S. NAVAL AIR STATION,
MOFFETT FIELD, CALIFORNIA
Activity
and
NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 759
Union
Case No. O-AR-789
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Barbara Bridgewater filed by the Union under section 7122(a)
of the Federal Service Labor-Management Relations Statute and part 2425
of the Authority's Rules and Regulations.
Upon careful consideration of the entire record before the Authority,
the Authority concludes that the Union has failed to establish that the
Arbitrator's award is deficient on any of the grounds set forth in
section 7122(a) of the Statute; that is, that the award is contrary to
any law, rule, or regulation, or that the award is deficient on other
grounds similar to those applied by Federal courts in private sector
labor-management relations.
Accordingly, the Union's exceptions are denied.
Issued, Washington, D.C., August 29, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 85
Union
and
VETERANS ADMINISTRATION MEDICAL
CENTER, LEAVENWORTH, KANSAS
Activity
Case No. O-AR-793
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Timothy J. Heinsz filed by the Union under section 7122(a) of
the Federal Service Labor-Management Relations Statute and part 2425 of
the Authority's Rules and Regulations.
Upon careful consideration of the entire record before the Authority,
the Authority concludes that the Union has failed to establish that the
Arbitrator's award is deficient on any of the grounds set forth in
section 7122(a) of the Statute; that is, that the award is contrary to
any law, rule, or regulation, or that the award is deficient on other
grounds similar to those applied by Federal courts in private sector
labor-management relations.
Accordingly, the Union's exceptions are denied.
Issued, Washington, D.C., August 29, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 476
Union
and
U.S. ARMY COMMUNICATIONS AND
ELECTRONICS COMMAND
Activity
Case No. O-AR-798
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Herbert L. Haber filed by the Union under section 7122(a) of
the Federal Service Labor-Management Relations Statute and part 2425 of
the Authority's Rules and Regulations.
Upon careful consideration of the entire record before the Authority,
the Authority concludes that the Union has failed to establish that the
Arbitrator's award is deficient on any of the grounds set forth in
section 7122(a) of the Statute; that is, that the award is contrary to
any law, rule, or regulation, or that the award is deficient on other
grounds similar to those applied by Federal courts in private sector
labor-management relations.
Accordingly, the Union's exceptions are denied.
Issued, Washington, D.C., August 29, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
VETERANS ADMINISTRATION
Agency
and
LOCAL 31, AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES, AFL-CIO
Union
Case No. O-AR-799
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Susan T. Mackenzie filed by the Union under section 7122(a)
of the Federal Service Labor-Management Relations Statute and part 2425
of the Authority's Rules and Regulations.
Upon careful consideration of the entire record before the Authority,
the Authority concludes that the Union has failed to establish that the
Arbitrator's award is deficient on any of the grounds set forth in
section 7122(a) of the Statute; that is, that the award is contrary to
any law, rule, or regulation, or that the award is deficient on other
grounds similar to those applied by Federal courts in private sector
labor-management relations.
Accordingly, the Union's exceptions are denied.
Issued, Washington, D.C., August 29, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
FEDERAL EMPLOYEES METAL
TRADES COUNCIL
Union
and
MARE ISLAND NAVAL SHIPYARD
Activity
Case No. O-AR-809
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Armon Barsamian filed by the Agency under section 7122(a) of
the Federal Service Labor-Management Relations Statute and part 2425 of
the Authority's Rules and Regulations.
Upon careful consideration of the entire record before the Authority,
the Authority concludes that the Agency has failed to establish that the
Arbitrator's award is deficient on any of the grounds set forth in
section 7122(a) of the Statute; that is, that the award is contrary to
any law, rule, or regulation, or that the award is deficient on other
grounds similar to those applied by Federal courts in private sector
labor-management relations.
Accordingly, the Agency's exceptions are denied. Issued, Washington,
D.C., August 29, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
DEPARTMENT OF COMMERCE,
BUREAU OF THE CENSUS,
SUITLAND, MARYLAND
Agency
and
LOCAL 2782, AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES, AFL-CIO
Union
Case No. O-AR-768
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Max B. Jones filed by the Agency under section 7122(a) of the
Federal Service Labor-Management Relations Statute and part 2425 of the
Authority's Rules and Regulations.
Upon careful consideration of the entire record before the Authority,
the Authority concludes that the Agency has failed to establish that the
Arbitrator's award is deficient on any of the grounds set forth in
section 7122(a) of the Statute; that is, that the award is contrary to
any law, rule, or regulation, or that the award is deficient on other
grounds similar to those applied by Federal courts in private sector
labor-management relations.
Accordingly, the Agency's exceptions are denied.
Issued, Washington, D.C., August 30, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2724
Union
and
UNITED STATES IMMIGRATION
AND NATURALIZATION SERVICE
Activity
Case No. O-AR-290
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Mark Grossman filed by the Agency under section 7122(a) of
the Federal Service Labor-Management Relations Statute and part 2425 of
the Authority's Rules and Regulations.
Upon careful consideration of the entire record before the Authority,
the Authority concludes that the Agency has failed to establish that the
Arbitrator's award is deficient on any of the grounds set forth in
section 7122(a) of the Statute; that is, that the award is contrary to
any law, rule, or regulation, or that the award is deficient on other
grounds similar to those applied by Federal courts in private sector
labor-management relations.
Accordingly, the Agency's exceptions are denied.
Issued, Washington, D.C., August 31, 1984.
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
--------------- FOOTNOTES$ ---------------
/1/ 5 U.S.C. 4302(b)(6) provides:
(b) Under regulations which the Office of Personnel Management
shall prescribe, each performance appraisal system shall provide
for--
. . . .
(6) reassigning, reducing in grade, or removing employees who
continue to have unacceptable performance but only after an
opportunity to demonstrate acceptable performance.
/2/ The Union also filed a request for a general statement of policy
or guidance. See 15 FLRA No. 120 (1984).