National Treasury Employees Union and Department of Health and Human Services, Region X (Authority decision, January 29, 1982)

Final FLRA decision. The Authority dismissed the union's negotiability petition because its two merit promotion proposals were insufficiently specific for review. 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

NTEU proposed bargaining over experience factors, their weights, performance appraisal factors, and a personnel form used in merit promotions at HHS Region X. The Authority found that the proposals did not identify the particular factors, methods, forms, or weights at issue. It held them too general for a negotiability decision and dismissed the petition. The decision did not rule on any specific promotion factor.

Decision snapshot

• Authority: Negotiability review under 5 U.S.C. § 7105(a)(2)(E).
• Outcome: Petition dismissed without a negotiability ruling on specific promotion factors.
• Key point: A general request to negotiate promotion factors lacks enough detail for Authority review.

Full text (FLRA public release)

[ v07 p790 ]

07:0790(135)NG

The decision of the Authority follows:

7 FLRA No. 135

NATIONAL TREASURY EMPLOYEES UNION
Union

and

DEPARTMENT OF HEALTH AND HUMAN SERVICES,
REGION X, SEATTLE, WASHINGTON
Agency

Case No. O-NG-336

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 PRESENTS ISSUES INVOLVING THE NEGOTIABILITY OF THE FOLLOWING TWO
UNION PROPOSALS CONCERNING "MERIT PROMOTIONS." UPON 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

(B) EMPLOYEE PERFORMANCE APPRAISAL AND FORM 171 - THE FACTORS OF THE
PERFORMANCE APPRAISAL
AS WELL AS REVISION AND/OR REPLACEMENT OF FORM 171 SHALL BE
NEGOTIATED BETWEEN UNION AND
MANAGEMENT COMMENCING WITHIN 60 DAYS FOLLOWING THE EFFECTIVE DATE OF
THIS AGREEMENT.

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. THE UNION IS SEEKING IN PROPOSAL I
TO NEGOTIATE EXPERIENCE FACTORS AND WEIGHTS TO BE USED IN RATING AND
RANKING CANDIDATES FOR MERIT PROMOTION; IN PROPOSAL II, THE UNION IS
SEEKING TO NEGOTIATE THE FACTORS OF THE PERFORMANCE APPRAISAL TO BE USED
IN MERIT PROMOTIONS. THE AUTHORITY HAS PREVIOUSLY HELD THAT PROPOSALS,
SUCH AS HERE INVOLVED, WHICH ARE GENERAL IN NATURE AND WHICH DO NOT
SPECIFICALLY IDENTIFY THE FACTORS, METHODS AND FORMS TO BE USED IN THE
EVALUATION, RANKING AND SELECTION OF CANDIDATES FOR PROMOTION, AND THE
WEIGHTS TO BE APPLIED TO THE EVALUATION FACTORS, ARE NOT SUFFICIENTLY
SPECIFIC AND DELIMITED IN FORM AND CONTENT FOR THE AUTHORITY TO ISSUE A
DECISION THEREON, AND THEREFORE HAS DISMISSED PETITIONS FOR REVIEW WITH
REGARD TO SUCH PROPOSALS ON THAT BASIS. SEE NATIONAL FEDERATION OF
FEDERAL EMPLOYEES, LOCAL 1167 AND DEPARTMENT OF THE AIR FORCE BASE,
FLORIDA, 6 FLRA NO. 105(1981) (PROPOSAL 5); 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 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