16:0255(36)NG - AFSCME Local 2478 and Commission on Civil Rights -- 1984 FLRAdec NG

 16 FLRA No. 36
 
 AMERICAN FEDERATION OF
 STATE, COUNTY AND
 MUNICIPAL EMPLOYEES,
 LOCAL 2478
 Union
 
 and
 
 UNITED STATES COMMISSION
 ON CIVIL RIGHTS
 Agency
 
                                            Case No. O-NG-1005
 
                 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 the
 question of the negotiability of the following provision:
 
          The annual evaluation will rate each element of the employee's
       position as either "unsatisfactory," "satisfactory," "superior,"
       or "outstanding," as determined by comparison of the employee's
       performance of that element with the performance standard for that
       element.
 
 Upon careful consideration of the entire record, including the parties'
 contentions, the Authority makes the following determinations:
 
    This provision is materially to the same effect as a portion of the
 Union proposal which the Authority found to be outside the duty to
 bargain in American Federation of State, County and Municipal Employees,
 AFL-CIO, Council 26 and U.S. Department of Justice, 13 FLRA No. 96
 (1984).  In that case, the Authority found that a proposal which would
 establish the number of levels for appraisal of an employee's
 performance in individual job elements interfered with the agency's
 rights to direct employees and assign work under section 7106(a)(2)(A)
 and (B) of the Statute.  For the reasons expressed in Department of
 Justice, the Authority finds that the provision presented herein is not
 within the duty to bargain.  /1/
 
    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., October 24, 1984
                                       Henry B. Frazier III, Acting
                                       Chairman
                                       Ronald W. Haughton, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ The Authority decides only the negotiability issue presented
 under section 7105(a)(2)(E) of the Statute.  To the extent that there
 are factual issues in dispute between the parties regarding the duty to
 bargain in the specific circumstances of this case, such issues should
 be raised in other appropriate proceedings.  American Federation of
 Government Employees, AFL-CIO, Local 2736 and Department of the Air
 Force, Headquarters, 379th Combat Support Group (SAC), Wurtsmith Air
 Force Base, Michigan, 14 FLRA No. 55 (1984), appeal docketed sub nom.
 Wurtsmith Air Force Base v. FLRA, 84-3459 (6th Cir. June 15, 1984).