[ v07 p736 ]
07:0736(117)NG
The decision of the Authority follows:
7 FLRA No. 117 NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES, LOCAL R7-23 Union and HEADQUARTERS, 375TH AIR BASE GROUP, SCOTT AIR FORCE BASE (MAC), ILLINOIS Agency Case No. O-NG-285 DECISION AND ORDER ON NEGOTIABILITY ISSUE THE PETITION FOR REVIEW IN THIS CASE COMES BEFORE THE FEDERAL LABOR RELATIONS AUTHORITY (THE AUTHORITY) PURSUANT TO SECTION 7105(A)(2)(E) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE), AND INVOLVES THE NEGOTIABILITY OF THE FOLLOWING UNION PROPOSAL: ARTICLE XXXVII SECTION 1. EACH EMPLOYEE SHALL BE PERMITTED TO RATE HIS/HER SUPERVISOR TWICE EACH YEAR AND MANAGEMENT SHALL TAKE INTO CONSIDERATION THE RATING OF SUPERVISORS BY EMPLOYEES ON SUCH MATTERS AS REMEDIAL TRAINING, DISCIPLINARY ACTIONS, PROMOTIONS AND OTHER APPROPRIATE MATTERS. UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE PARTIES' CONTENTIONS, THE AUTHORITY MAKES THE FOLLOWING DETERMINATION. IN AGREEMENT WITH THE AGENCY, THE AUTHORITY FINDS THAT THIS PROPOSAL DOES NOT DIRECTLY RELATE TO CONDITIONS OF EMPLOYMENT OF UNIT EMPLOYEES. RATHER, IT PRIMARILY RELATES TO MATTERS AFFECTING SUPERVISORS WHO ARE STATED IN AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, NATIONAL COUNCIL OF EEOC LOCALS NO. 216, AFL-CIO AND EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, WASHINGTON, D.C., 3 FLRA NO. 80(1980), THE UNION'S PROPOSAL IS OUTSIDE THE DUTY TO BARGAIN UNDER THE STATUTE. ACCORDINGLY, PURSUANT TO SECTION 2424.10 OF THE AUTHORITY'S RULES AND REGULATIONS (5 CFR 2424.10(1981)), IT IS ORDERED THAT THE UNION'S PETITION FOR REVIEW BE, AND IT HEREBY IS, DISMISSED. ISSUED, WASHINGTON, D.C., JANUARY 22, 1982 RONALD W. HAUGHTON, CHAIRMAN HENRY B. FRAZIER III, MEMBER LEON B. APPLEWHAITE, MEMBER FEDERAL LABOR RELATIONS AUTHORITY