National Association of Government Employees, Local R7-23 and Department of the Air Force, Scott Air Force Base (Authority decision, October 31, 1984)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority in a negotiability case. 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

NAGE Local R7-23 proposed that Scott Air Force Base keep vacancy consideration local whenever qualified local applicants existed. The Authority held that this would prevent management from expanding the applicant pool, contrary to its statutory right to select from other appropriate sources. It dismissed the union's negotiability petition. A second proposal ceased to be disputed after the agency withdrew its objection.

Decision snapshot

• Authority: 5 U.S.C. § 7106(a)(2)(C).
• Outcome: Vacancy proposal outside the duty to bargain; petition dismissed.
• Key point: A qualified local applicant did not eliminate management's right to consider a broader applicant pool.

Full text (FLRA public release)

[ v16 p367 ]

16:0367(59)NG

The decision of the Authority follows:

16 FLRA No. 59

NATIONAL ASSOCIATION OF
GOVERNMENT EMPLOYEES,
LOCAL R7-23, SEIU, AFL-CIO
Union

and

DEPARTMENT OF THE AIR FORCE,
SCOTT AIR FORCE BASE,
ILLINOIS
Agency

Case No. O-NG-826

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 raises the question of the negotiability of the following Union proposal: /1/

4f. Management will advertise all local vacancies under local merit promotion procedures per the labor-management agreement and not expand the area of consideration to include the Comptroller Civilian Career Management Program as long as there are local qualified applicants.

Upon careful consideration of the entire record, including the parties' contentions, the Authority makes the following determination.

The proposal would effectively preclude management from expanding the area of consideration so long as there are local qualified applicants. In this regard, section 7106(a)(2)(C) of the Statute reserves to management the right to make selections for appointments from among properly ranked and certified candidates for promotion or from any other appropriate source. Thus, the Authority has held that a union proposal relating to the area of consideration for filling vacancies under a merit promotion procedure was nonnegotiable as the proposal would prohibit the expansion of the area should at least one highly qualified candidate be produced from the area of consideration designated by the union's proposal. National Federation of Federal Employees, Local 1332 and Headquarters, U.S. Army Materiel Development and Readiness Command, Alexandria, Virginia, 6 FLRA 361 (1981) (Union Proposal IV). Similarly, the Authority herein concludes that the proposal, by foreclosing expansion of the area of consideration in the circumstances described, is inconsistent with the Agency's authority under section 7106(a)(2)(C) of the Statute, and, therefore, is outside the duty to bargain. /2/

Accordingly, pursuant to section 2424.10 of the Authority's Rules and Regulations, IT IS ORDERED that the petition for review be, and it hereby is, dismissed. Issued, Washington, D.C., October 31, 1984 Henry B. Frazier III, Acting Chairman Ronald W. Haughton, Member FEDERAL LABOR RELATIONS AUTHORITY

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

/1/ The Agency withdrew its allegation of nonnegotiability with respect to a second proposal. Thus, there is no longer an issue as to whether the proposal is within the parties' duty to bargain under the Statute.

/2/ In view of the decision herein, the Authority finds it unnecessary to reach the Agency's contentions that the proposal addresses positions outside the bargaining unit and is barred from negotiation by an Agency regulation (AFR 40-110, Vol. VI) for which there is a compelling need.