NFFE Local 78 and VA Regional Office Indianapolis (Authority decision, August 4, 1982)

Final FLRA decision. This is a final Authority order. 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

NFFE Local 78 proposed duties and deadlines for a VA selection panel handling vacancies. The Authority held that the proposal assigned specific work to non-unit personnel and removed management’s discretion to assign that work. It dismissed the negotiability petition on the merits.

Decision snapshot

• Authority: 5 U.S.C. § 7106(a)(2)(B).
• Outcome: Selection-panel proposal held nonnegotiable; petition dismissed.
• Key point: The proposal prescribed work for particular agency personnel.

Full text (FLRA public release)

[ v09 p819 ]

09:0819(105)NG

The decision of the Authority follows:

9 FLRA No. 105

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 78
Union

and

VETERANS ADMINISTRATION REGIONAL
OFFICE, INDIANAPOLIS, INDIANA
Agency

Case No. O-NG-487

DECISION AND ORDER ON NEGOTIABILITY ISSUE

THE PETITION FOR REVIEW IN THIS CASE COMES BEFORE THE AUTHORITY
PURSUANT TO SECTION 7105(A)(2)(E) OF THE FEDERAL SERVICE
LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE) AND PRESENTS ISSUES
RELATING TO THE NEGOTIABILITY OF THE FOLLOWING UNION PROPOSAL.

SELECTION

A. EXCEPT FOR POSITIONS IN THE OFFICE OF THE DIRECTOR, THE SELECTING
PANEL WILL BE THE

ASSISTANT DIRECTOR PERSONNEL OFFICER AND THE DIVISION CHIEF OF THE
DIVISION HAVING THE

VACANCY. THIS PANEL WILL HAVE A UNION OBSERVER.

B. THE SELECTING PANEL HAS THE RIGHT TO SELECT OR NON-SELECT FROM A
PROPERLY CONSTRUCTED

PROMOTION CERTIFICATE OR FROM ANY OTHER APPROPRIATE SOURCE OF
CANDIDATES AND RETURN THE

CERTIFICATE UNUSED. WHERE MULTIPLE VACANCIES ARE INVOLVED, THIS
INCLUDES THE RIGHT TO SELECT

FOR ONE OR MORE VACANCIES AT THE SAME OR OTHER GRADE LEVELS (IF
APPLICABLE) AND TO RETURN THE

CERTIFICATE WITHOUT SELECTING FOR REMAINING VACANCIES. THE SELECTING
PANEL MAY ALSO DECIDE TO

CONSIDER AND/OR SELECT CANDIDATES FROM OTHER RECRUITMENT SOURCES.

C. THE SELECTING PANEL WILL MAKE A SELECTION DECISION WITHIN 5
WORKDAYS AFTER RECEIPT OF A

PROMOTION CERTIFICATE CONSISTING OF LOCAL CANDIDATES AND WITHIN 10
WORKDAYS IF THE CANDIDATES

ARE FROM AN EXTENDED AREA.

UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE
PARTIES' CONTENTIONS, THE AUTHORITY MAKES THE FOLLOWING DETERMINATION.
THIS PROPOSAL PRESCRIBES SPECIFIC DUTIES WHICH PARTICULAR NON-BARGAINING
UNIT PERSONNEL IN THE AGENCY WOULD PERFORM. SUCH A PROPOSAL WOULD
DIRECTLY INTERFERE WITH MANAGEMENT'S RIGHT "TO ASSIGN WORK" UNDER
SECTION 7106(A)(2)(B) OF THE STATUTE BY ELIMINATING THE DISCRETION
INHERENT IN THAT RIGHT AND, HENCE, IS OUTSIDE THE DUTY TO BARGAIN.
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 1331 AND
DEPARTMENT OF AGRICULTURE, SCIENCE AND EDUCATION ADMINISTRATION, EASTERN
REGIONAL RESEARCH CENTER, PHILADELPHIA, PENNSYLVANIA, 4 FLRA NO.
2(1980).

ACCORDINGLY, PURSUANT TO SECTION 2424.10 OF THE AUTHORITY'S RULES AND
REGULATIONS, IT IS ORDERED THAT THE UNION'S PETITION FOR REVIEW BE, AND
IT HEREBY IS, DISMISSED.

ISSUED, WASHINGTON, D.C., AUGUST 4, 1982

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