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16:0367(59)NG - NAGE Local R7-23, SEIU and Air Force, Scott AFB, IL -- 1984 FLRAdec NG



[ v16 p367 ]
16:0367(59)NG
The decision of the Authority follows:


 16 FLRA No. 59
 
 NATIONAL ASSOCIATION OF
 GOVERNMENT EMPLOYEES,
 LOCAL R7-23, SEIU, AFL-CIO
 Union
 
 and
 
 DEPARTMENT OF THE AIR FORCE,
 SCOTT AIR FORCE BASE,
 ILLINOIS
 Agency
 
                                            Case No. O-NG-826
 
                 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 Union proposal:  /1/
 
          4f.  Management will advertise all local vacancies under local
       merit promotion procedures per the labor-management agreement and
       not expand the area of consideration to include the Comptroller
       Civilian Career Management Program as long as there are local
       qualified applicants.
 
    Upon careful consideration of the entire record, including the
 parties' contentions, the Authority makes the following determination.
 
    The proposal would effectively preclude management from expanding the
 area of consideration so long as there are local qualified applicants.
 In this regard, section 7106(a)(2)(C) of the Statute reserves to
 management the right to make selections for appointments from among
 properly ranked and certified candidates for promotion or from any other
 appropriate source.  Thus, the Authority has held that a union proposal
 relating to the area of consideration for filling vacancies under a
 merit promotion procedure was nonnegotiable as the proposal would
 prohibit the expansion of the area should at least one highly qualified
 candidate be produced from the area of consideration designated by the
 union's proposal.  National Federation of Federal Employees, Local 1332
 and Headquarters, U.S. Army Materiel Development and Readiness Command,
 Alexandria, Virginia, 6 FLRA 361 (1981) (Union Proposal IV).  Similarly,
 the Authority herein concludes that the proposal, by foreclosing
 expansion of the area of consideration in the circumstances described,
 is inconsistent with the Agency's authority under section 7106(a)(2)(C)
 of the Statute, and, therefore, is outside the duty to bargain.  /2/
 
    Accordingly, pursuant to section 2424.10 of the Authority's Rules and
 Regulations, IT IS ORDERED that the petition for review be, and it
 hereby is, dismissed.  Issued, Washington, D.C., October 31, 1984
                                       Henry B. Frazier III, Acting
                                       Chairman
                                       Ronald W. Haughton, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ The Agency withdrew its allegation of nonnegotiability with
 respect to a second proposal.  Thus, there is no longer an issue as to
 whether the proposal is within the parties' duty to bargain under the
 Statute.
 
 
    /2/ In view of the decision herein, the Authority finds it
 unnecessary to reach the Agency's contentions that the proposal
 addresses positions outside the bargaining unit and is barred from
 negotiation by an Agency regulation (AFR 40-110, Vol. VI) for which
 there is a compelling need.