National Association of Government Employees, Local R7-23 and Headquarters, 375th Air Base Group, Scott Air Force Base (Authority decision, January 22, 1982)

Final FLRA decision. The Authority held the union's proposed supervisor rating procedure outside the duty to bargain and dismissed the petition. An aggrieved person may petition an appropriate United States court of appeals for review within 60 days after issuance under 5 U.S.C. § 7123(a).

Plain-English summary

NAGE Local R7-23 proposed allowing employees at Scott Air Force Base to rate their supervisors twice a year. It also proposed that management consider those ratings in training, discipline, promotion, and related decisions about supervisors. The Authority found that the proposal primarily concerned supervisors rather than the working conditions of bargaining unit employees. It held the proposal outside the duty to bargain and dismissed the petition.

Decision snapshot

• Authority: Negotiability review under 5 U.S.C. § 7105(a)(2)(E).
• Outcome: Supervisor rating proposal held nonnegotiable; petition dismissed.
• Key point: A proposal focused on management decisions about supervisors was outside bargaining over unit employees' conditions of employment.

Full text (FLRA public release)

[ 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