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U.S. Federal Labor Relations Authority

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16:0805(110)NG - AFGE Local 2047 and Defense Logistics Agency, Defense General Supply Center, Richmond, Virginia -- 1984 FLRAdec NG

[ v16 p805 ]
The decision of the Authority follows:

 16 FLRA No. 110
                                            Case No. O-NG-743
    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 an issue
 concerning the negotiability of the following Union proposal.
    Section 5 A 11
          Provide the Council Local with a copy of the Promotion Referral
       List and the subsequent supplement list thereto at the same time
       that the referral list is submitted to the directorate/office
       having the vacancy.  The names of the employees selected for
       promotion, including supervisory and management positions, shall
       be provided to the Council Local Office prior to the announcement
       of the promotion.  The Council Local shall recognize the
       confidentiality of the promotion eligibles certified for selection
       and person(s) selected for promotion. (The underlined portion of
       the proposal is in dispute.)
    Upon careful consideration of the entire record, including the
 parties' contentions, the Authority makes the following determination.
 The instant proposal seeks to have furnished to the Union, prior to
 public announcement, the names of successful candidates for supervisory
 and managerial vacancies.  While the Union asserts, generally, that
 "(s)upplying such information to the union helps to insure stability and
 effectiveness of labor-management relations," it does not demonstrate
 how receipt of the information prior to the public announcement would,
 in fact, insure those objectives.  In this regard, it is well
 established that the duty to bargain under the Statute extends only to
 those conditions of employment, i.e., personnel policies, practices, and
 matters affecting working conditions, which affect bargaining unit
 employees.  See e.g., National Federation of Federal Employees, Council
 of Consolidated Social Security Administration Locals and Social
 Security Administration, 13 FLRA No. 73 (1983).  Proposals which concern
 management and supervisory positions are generally not negotiable except
 at the election of management.  /1/ International Association of Fire
 Fighters, Local F-61 and Philadelphia Naval Shipyard, 3 FLRA 438 (1980).
  As noted, the Union has not shown, and it is not otherwise apparent
 that the disputed proposal pertains to conditions of employment within
 the meaning of section 7103(a)(14) of the Statute.  /2/ Consequently,
 the Agency is not obligated to bargain on the proposal.  /3/
    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., December 13, 1984
                                       /s/ Henry B. Frazier III
                                       Henry B. Frazier III, Acting
                                       /s/ Ronald W. Haughton
                                       Ronald W. Haughton, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 --------------- FOOTNOTES$ ---------------
    /1/ Cf. Methods and Standards Association and Naval Air Rework
 Facility, Naval Air Station, Pensacola, Florida, 2 FLRA 286 (1979),
 (proposal requiring that unit employees temporarily assigned to higher
 grade positions, including supervisory positions, for five days or more
 receive temporary promotions found to be within the duty to bargain).
    /2/ The record reveals that a master agreement, covering the parties
 herein, includes within the compass of its merit promotion procedure
 "those threshold first-line supervisory positions, GS-12 and below, in
 the normal line of progression of bargaining unit personnel." However,
 the Authority does not reach the question of whether the disputed part
 of the proposal would be negotiable if applicable only to such positions
 because the proposal would cover supervisory and management positions
    /3/ The Union's reference to Federal Personnel Manual Supplement
 711-1, Appendix C, governing the release of certain information to labor
 organizations, in support of its proposal is inapposite, since the
 Agency does not contend that the Union would not be entitled to the
 information sought after the promotions in question had been publicly