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58 FLRA No. 4
AFGE, National VA. Council 53 and U. S. Dept. of Veterans Affairs, Vista Clinic, Vista, California, Case. No. 0- NG-2624 (Decided August 12, 2002)
This case concerned the negotiability of one proposal which the Authority found to be outside the duty to bargain. Preliminarily, the Authority rejected the Union's request for a hearing after finding that the record was sufficient to assess the negotiability of the proposal.
Regarding the proposal, the Authority found that it affected management's right to make selections for appointments. The Authority noted that it has held that proposals permitting union representatives to observe rating and ranking panels affect the right to make selections for appointments under § 7106(a)(2)(C). Additionally, the Authority concluded that the proposal was not a negotiable procedure, nor an appropriate arrangement.