17:0908(119)NG - AFGE Council 147 and SSA -- 1985 FLRAdec NG
[ v17 p908 ]
The decision of the Authority follows:
17 FLRA No. 119 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, COUNCIL 147 Union and SOCIAL SECURITY ADMINISTRATION Agency Case No. 0-NG-888 DECISION AND ORDER ON NEGOTIABILITY ISSUES 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 issues concerning the negotiability of six Union proposals. Upon careful consideration of the entire record, including the parties' contentions, the Authority makes the following determinations. /1/ Union Proposals 1 through 5-- SSI Quality Statistical Log 1. The SSI quality statistical log will be used for training purposes only. 2. The SSI quality statistical log will not be used for TSR's appraisals as a means to evaluate quality and/or statistics on an individual basis. 3. The SSI quality statistical log will not be identified by any TSR's name or unit number. 4. The SSI quality statistical log will not cause any adverse action to TSR's performance. 5. If management wishes to gather statistical data for reports, it will be for the office as a whole. All statistics, as long as it does not show any individual performance, is acceptable. Union Proposal 6-- Telephone Audit Sheet Management will negotiate to establish a standard of what is a(n) Unsatisfactory Audit, Satisfactory Audit, Minimally Satisfactory Audit, Above Satisfactory Audit, and an Outstanding Audit for each of the TSR grade levels 4-7. The disputed proposals in this case arose as a result of the Agency's Los Angeles Teleservice Center initially implementing a procedure for monitoring telephone calls between certain agency employees and the general public concerning Social Security matters. With regard to these proposals the Agency contends, without contravention by the Union, /2/ that higher level union and management officials in the Social Security-AFGE national consolidated unit have negotiated a national memorandum of agreement (MOA) /3/ concerning the telephone monitoring process in all Social Security teleservice centers including the Los Angeles Center represented by AFGE. Further, the Agency argues that, except for future changes to the telephone monitoring process, the MOA does not authorize additional negotiations at the local level on the monitoring process itself. /4/ The Authority finds that the Union Proposals herein are inconsistent with express provisions of the MOA and accompanying evaluation form. Specifically, in this regard, item 4 of the MOA provides as follows: The purpose of the Service Observation is to identify training needs, to provide a basis for retraining, to monitor the accuracy of information given, to improve employee performance, to provide information for performance appraisals and to gather information on the volume of types of calls received. Consequently, Union Proposals 1 through 5, which would essentially permit the use of statistical data only for training or for general office purposes, are inconsistent with the MOA which provides that this information will be utilized in performance evaluations. Similarly, Union Proposal 6, which requires the negotiation of five performance levels in the telephone audit process, is inconsistent with the negotiated "Evaluation of Interviewing Practices" form which provides for only three levels of performance, namely, unsatisfactory, satisfactory and exceptional. Thus, the disputed Union proposals herein would require bargaining beyond that permitted in Items 26 and 27 of the MOA. Hence, since there is no duty to bargain between the parties at the local level under the MOA, issues as to the negotiability of the disputed proposals herein under the Statute are not appropriate for resolution by the Authority. The Authority therefore concludes that the negotiability issues raised by the disputed proposals in the instant appeal are moot. See National Federation of Federal Employees, Local 1979 and U.S. Forest Service, San Dimas Equipment Development Center, 16 FLRA No. 60 (1984) (Union Provision 4). 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 8, 1985 Henry B. Frazier III, Acting Chairman William J. McGinnis, Jr., Member FEDERAL LABOR RELATIONS AUTHORITY --------------- FOOTNOTES$ --------------- /1/ The Agency's contention that the Union's petition for review should be dismissed for failure to timely serve the head of the Agency cannot be sustained. In this respect, while the Union initially mailed a copy of its petition for review to the local Agency official who alleged that the proposals were nonnegotiable, the Regional Commissioner of the Social Security Administration and the Commissioner of the Social Security Administration, the Union subsequently served its completion of appeal on the Agency head's designee. /2/ The Union did not file a Reply Brief in this case. /3/ The Agency included with its Statement of Position a copy of the MOA and a form, entitled "Evaluation of Interviewing Practices," negotiated as a part of the MOA, to be used by supervisors in evaluating the telephone interviewing practices of Agency employees covered by the monitoring process. /4/ Item 26 of the MOA provides as follows: In accordance with Article 4 of the Master Agreement and 5 USC 71, the Union will be notified of future changes to the Service Observation process. Management agrees to fulfill any obligation to bargain on those future changes in keeping with existing contractual and statutory authorities. Negotiations during the term of this Agreement to add to, amend or modify this Agreement may be conducted only by mutual consent of the parties. Item 27 of the MOA provides as follows: Future changes in employee working conditions that are appropriate for bargaining that result from changes in the Service Observation process will be bargained at the level at which the change is initiated. The Administration will fulfill its statutory and contractual obligations pursuant to 5 USC 71 and the National Agreement.