09:0478(56)NG - NFFE Local 15 and HQ, Army Armament Materiel Readiness Command, Rock Island Arsenal, IL -- 1982 FLRAdec NG (Authority decision, July 16, 1982)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority resolving a negotiability appeal under 5 U.S.C. § 7117. An aggrieved person may seek judicial review by filing a petition in an appropriate United States court of appeals within 60 days after issuance under 5 U.S.C. § 7123(a). Filing a petition does not stay the Authority's order unless the court orders a stay under 5 U.S.C. § 7123(c).

Plain-English summary

The union proposed grievance coverage for ratings and referrals under the Army’s career management program. The Army argued that its regulation excluded those matters. The Authority held the proposal within the duty to bargain because the regulation could not narrow statutory grievance coverage on its own, and ordered bargaining on request.

Decision snapshot

• Authority: 5 U.S.C. § 7121.
• Outcome: Union proposal held negotiable; bargaining ordered on request.
• Key point: An agency regulation alone could not remove covered matters from a negotiated grievance procedure.

Full text (FLRA public release)

[ v09 p478 ]

09:0478(56)NG

The decision of the Authority follows:

9 FLRA No. 56

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 15
Union

and

HEADQUARTERS, U.S. ARMY
ARMAMENT MATERIAL READINESS COMMAND,
ROCK ISLAND ARSENAL, ILLINOIS
Agency

Case No. O-NG-355

DECISION AND ORDER ON NEGOTIABILITY APPEAL

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 STATUTE (THE STATUTE), AND RAISES
AN ISSUE AS TO THE NEGOTIABILITY OF A UNION PROPOSAL FOR A NEGOTIATED
GRIEVANCE PROCEDURE WHICH DOES NOT SPECIFICALLY EXCLUDE GRIEVANCES
CONCERNING IMPROPER RATINGS AND REFERRALS UNDER THE ARMY'S CAREER
MANAGEMENT PROGRAM.

UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE
PARTIES' CONTENTIONS, THE AUTHORITY MAKES THE FOLLOWING DETERMINATIONS.

THE AGENCY SUMMARIZES THE DISPUTE BETWEEN THE PARTIES HEREIN AS
FOLLOWS: "MANAGEMENT'S PROPOSAL WOULD EXEMPT FROM COVERAGE UNDER THE
NEGOTIATED GRIEVANCE PROCEDURES THOSE PROMOTION AND PLACEMENT ACTIONS
TAKEN UNDER THE DEPARTMENT OF THE ARMY CIVILIAN PERSONNEL REGULATION
(CPR) 950-1, CAREER MANAGEMENT - BASIC POLICIES AND REQUIREMENTS. THE
UNION'S 'PROPOSAL' OR 'POSITION' IS TO INCLUDE THEM." /1/ THE AGENCY
CONTENDS THAT THE UNION'S PROPOSAL WHICH WOULD INCLUDE SUCH GRIEVANCES
IS OUTSIDE THE DUTY TO BARGAIN BECAUSE IT WOULD CONFLICT WITH A
REGULATION FOR WHICH THERE IS A COMPELLING NEED. SEE SECTION 7117 OF
THE STATUTE AND SECTION 2424.11 OF THE AUTHORITY'S RULES AND
REGULATIONS. THE REGULATION IS CPR 950-1 WHICH ESTABLISHES THE ARMY'S
CAREER MANAGEMENT SYSTEM UNDER WHICH PROMOTION AND PLACEMENT ACTIONS AT
MANDATORY REFERRAL LEVELS ARE TAKEN.

THIS CONTENTION CANNOT BE SUSTAINED. WHILE THE ARMY'S REGULATIONS
MAY LIMIT THE SCOPE OF THE AGENCY'S GRIEVANCE PROCEDURES, SUCH
REGULATIONS MAY NOT BE APPLIED IN A MANNER INCONSISTENT WITH THE BROAD
SCOPE NEGOTIATED GRIEVANCE PROCEDURES ALLOWED UNDER SECTION 7121 OF THE
STATUTE. UNDER SECTION 7121 A NEGOTIATED GRIEVANCE PROCEDURE EXTENDS TO
ALL MATTERS WHICH UNDER THE PROVISIONS OF LAW COULD BE COVERED UNLESS
THE PARTIES AGREE THROUGH COLLECTIVE BARGAINING TO A PROCEDURE HAVING A
NARROWER COVERAGE. SEE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
AFL-CIO, LOCAL 2782 AND DEPARTMENT OF COMMERCE, BUREAU OF THE CENSUS,
WASHINGTON, D.C., 6 FLRA NO. 56 (1981) AT 9.

THE AGENCY HEREIN DOES NOT ADVERT TO ANY PROVISION OF LAW WHICH WOULD
EXCLUDE FROM COVERAGE GRIEVANCES CONCERNING PROMOTION AND PLACEMENT
ACTIONS UNDER CPR 950-1. IT IS THEREFORE CONCLUDED THAT THE UNION'S
PROPOSAL IS WITHIN 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 AGENCY SHALL
UPON REQUEST (OR AS OTHERWISE AGREED TO BY THE PARTIES) BARGAIN
CONCERNING THE UNION'S PROPOSAL. /2/

ISSUED, WASHINGTON, D.C., JULY 16, 1982

RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
LEON B. APPLEWHAITE, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY

--------------- FOOTNOTES$ ---------------

/1/ THE AUTHORITY REJECTS THE AGENCY'S CONTENTION THAT THE UNION'S
PROPOSAL IS NOT SUFFICIENTLY SPECIFIC AND DELIMITED. SEE AMERICAN
FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 3354 AND U.S.
DEPARTMENT OF AGRICULTURE, FARMERS HOME ADMINISTRATION, ST. LOUIS,
MISSOURI, 3 FLRA 321 (1980)

/2/ IN DECIDING THAT THE UNION'S PROPOSAL IS WITHIN THE DUTY TO
BARGAIN, THE AUTHORITY MAKES NO JUDGMENT AS TO ITS MERITS.