National Treasury Employees Union (Union) and Department of Health and Human Services, Region X, Seattle, Washington (Agency)
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07:0792(136)NG
The decision of the Authority follows:
7 FLRA No. 136 NATIONAL TREASURY EMPLOYEES UNION Union and DEPARTMENT OF HEALTH AND HUMAN SERVICES, REGION X, SEATTLE, WASHINGTON Agency Case No. O-NG-371 DECISION AND ORDER ON NEGOTIABILITY ISSUES 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 TWO UNION PROPOSALS. UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE PARTIES' CONTENTIONS, THE AUTHORITY MAKES THE FOLLOWING DETERMINATIONS: UNION PROPOSAL I (A) EXPERIENCE, AS DEFINED FOR RATING AND RANKING PURPOSES WILL BE NEGOTIATED FOR EACH POSITION BETWEEN THE UNION AND MANAGEMENT. THE WEIGHT TO BE ASSIGNED TO EACH EXPERIENCE FACTOR WILL ALSO BE NEGOTIATED. UNION PROPOSAL II THE EMPLOYER HAS FIXED RATES FOR EXPERIENCE FACTORS. THE WEIGHT TO BE ASSIGNED TO EACH EXPERIENCE FACTOR WILL BE NEGOTIATED BETWEEN THE EMPLOYER AND THE UNION WHENEVER THE EMPLOYER CREATES A NEW POSITION, RECLASSIFIES A POSITION, AND/OR PROPOSES TO CHANGE THE WEIGHT OF ANY EXPERIENCE FACTOR OF ANY BARGAINING UNIT POSITION. THE UNION SHALL BE SUPPLIED WITH THE CURRENT WEIGHTS ASSIGNED EACH FACTOR OF EACH POSITION WITHIN 30 DAYS FOLLOWING THE EFFECTIVE DATE OF THIS AGREEMENT. THE PARTIES WILL NEGOTIATE THE WEIGHTS OF EXPERIENCE FACTORS FOR TWENTY (20) POSITIONS A YEAR AS SELECTED BY THE UNION. THE AUTHORITY CONCLUDES THAT UNION PROPOSALS I AND II ARE NOT SUFFICIENTLY SPECIFIC AND DELIMITED IN FORM AND CONTENT TO MEET THE AUTHORITY'S CONDITIONS FOR REVIEW. IN NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 1167 AND DEPARTMENT OF THE AIR FORCE, HEADQUARTERS, 31ST COMBAT SUPPORT GROUP (TAC), HOMESTEAD AIR FORCE BASE, FLORIDA, 6 FLRA NO. 105(1981), THE AUTHORITY DISMISSED A UNION PETITION FOR REVIEW OF A GENERAL PROPOSAL (PROPOSAL 5), LIKE UNION PROPOSALS I AND II HEREIN, THAT SOUGHT TO NEGOTIATE WEIGHTS WHICH WOULD BE APPLIED, INTER ALIA, TO EVALUATION FACTORS FOR PROMOTIONS. IN SO DOING, THE AUTHORITY NOTED THAT THE PROPOSAL WAS NOT SUFFICIENTLY SPECIFIC AND DELIMITED IN FORM AND CONTENT FOR THE AUTHORITY TO ISSUE A NEGOTIABILITY DECISION THEREON BECAUSE IT FAILED TO SPECIFICALLY IDENTIFY PARTICULAR FACTORS, METHODS, OR FORMS TO BE NEGOTIATED OR THE WEIGHTS TO BE APPLIED TO SUCH FACTORS. ACCORD, NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 66 AND DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE, KANSAS CITY SERVICE CENTER, KANSAS CITY, MISSOURI, 2 FLRA 319(1979). 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 29, 1982 RONALD W. HAUGHTON, CHAIRMAN HENRY B. FRAZIER III, MEMBER LEON B. APPLEWHAITE, MEMBER FEDERAL LABOR RELATIONS AUTHORITY