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56 FLRA No. 186
AFGE, Local 3529 and U.S. Dept. of Defense, Defense Contract Audit Agency, Central Region, Irving, Texas, Case No. 0-NG-2546 (Decided January 26, 2001)
This case concerned the negotiability of two proposals. The Authority found that the proposals were outside the duty to bargain and dismissed the petition for review.
The Authority preliminarily stated that the reasons given by an RD in a decision not to issue a ULP complaint does not constitute a determination by the Authority on the negotiability of a proposal. Consequently, the Authority will consider such proposals on the merits rather than relying on the RD's statements regarding the proposals.
The Authority found that Proposal 3 affected management's right to assign work under section 7106(a)(2)(B) of the Statute. The Authority held that proposals that either require an employee's supervisor to perform certain duties, or preclude that supervisor from performing certain duties, affect management's right to assign work. Additionally, the Authority found that Proposal 3 did not constitute a procedure under section 7106(b)(2) because it would require management to assign appraisal duties to specific individuals. The Authority noted that proposals requiring management to assign particular individuals the task of evaluating employee performance do not constitute procedures within the meaning of section 7106(b)(2) of the Statute. The Authority also found that Proposal 3 was not an appropriate arrangement under 7106(b)(3).