American Federation of Government Employees, Local 4, AFL-CIO (Union) and Office of Personnel Management, St. Louis Region, St. Louis, Missouri (Agency) (Authority decision, September 30, 1980)

Final FLRA decision. This negotiability order ends the petition before the Authority. An aggrieved person may seek judicial review in a court of appeals within 60 days of issuance under 5 U.S.C. § 7123(a).

Plain-English summary

A union sought bargaining over performance-evaluation proposals at the Office of Personnel Management’s St. Louis region. The agency withdrew its statutory nonnegotiability allegation, leaving a dispute over what the parties’ agreement required. The Authority held that the contract dispute belonged in the negotiated grievance process and dismissed the negotiability appeal without reaching the proposal’s merits.

Decision snapshot

• Authority: 5 U.S.C. § 7117.
• Outcome: Negotiability appeal dismissed; proposal merits not decided.
• Key point: A contract interpretation dispute belonged in the parties’ grievance process.

Full text (FLRA public release)

[ v04 p458 ]

04:0458(63)NG

The decision of the Authority follows:

4 FLRA No. 63

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 4
Union

and

OFFICE OF PERSONNEL MANAGEMENT,
ST. LOUIS REGION, ST. LOUIS,
MISSOURI
Agency

Case No. O-NG-97

DECISION AND ORDER DISMISSING NEGOTIABILITY APPEAL

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) (5 U.S.C. 7101 ET
SEQ.).

DURING THE TERM OF THE PARTIES' AGREEMENT, THE UNION SUBMITTED FOR
NEGOTIATION CERTAIN PROPOSALS CONCERNING PERFORMANCE EVALUATION. BY
MEMORANDUM, THE ACTIVITY NOTIFIED THE PRESIDENT OF THE UNION THAT, WITH
ONE EXCEPTION, THE AGREEMENT PRECLUDED NEGOTIATION ON THE UNION'S
PROPOSALS. AS TO THE REMAINING UNION PROPOSAL WHICH WOULD HAVE
PERMITTED EMPLOYEES TO IDENTIFY THE CRITICAL ELEMENTS FOR THEIR JOBS,
THE AGENCY ALLEGED THAT IT WAS NOT WITHIN THE DUTY TO BARGAIN. THE
UNION THEREUPON FILED WITH THE AUTHORITY A PETITION FOR REVIEW OF THE
AGENCY'S ALLEGATION.

IN ITS SUBMISSION TO THE AUTHORITY, THE AGENCY WITHDREW WITHOUT
PREJUDICE ITS ALLEGATION THAT THE DUTY TO BARGAIN IN GOOD FAITH DID NOT
EXTEND TO THE ABOVE MATTER. IN SO DOING, THE AGENCY INDICATED THAT THE
MATTER IS THE SUBJECT OF A GRIEVANCE INVOLVING THE INTERPRETATION OF THE
PARTIES' AGREEMENT. IN THAT REGARD, THE AGENCY INDICATED THAT THE ISSUE
INVOLVED IN THE GRIEVANCE IS WHETHER, UNDER THE CONTRACT, IT IS OBLIGED
TO BARGAIN OVER CERTAIN PROPOSALS.

IT APPEARS FROM THE RECORD, THEREFORE, SINCE THE AGENCY HAS WITHDRAWN
ITS ALLEGATION THAT THE UNION'S PROPOSAL IS NOT NEGOTIABLE UNDER THE
STATUTE, THAT THE ISSUE PRESENTLY TO BE RESOLVED CONCERNS A DISPUTE OVER
THE MEANING OF PROVISIONS CONTAINED IN THE PARTIES' AGREEMENT. THE
PROPER FORUM FOR THE RESOLUTION OF SUCH A QUESTION IS NOT A
NEGOTIABILITY APPEAL UNDER THE STATUTE BUT, INSTEAD, WOULD BE PURSUANT
TO THE PROCEDURES WHICH THE PARTIES HAVE ADOPTED FOR SUCH PURPOSE IN
THEIR AGREEMENT. IN THIS CONNECTION AS NOTED ABOVE, THAT ISSUE HAS BEEN
SUBMITTED FOR RESOLUTION THROUGH THE NEGOTIATED GRIEVANCE PROCEDURE.

BASED UPON THE FOREGOING, THE INSTANT NEGOTIABILITY APPEAL DOES NOT
PRESENT ISSUES WHICH THE AUTHORITY CAN APPROPRIATELY RESOLVE AT THIS
TIME UNDER SECTION 7117 OF THE STATUTE AND PART 2424 OF ITS RULES AND
REGULATIONS.

ACCORDINGLY, IT IS ORDERED THAT THE APPEAL BE DISMISSED.

ISSUED, WASHINGTON, D.C., SEPTEMBER 30, 1980

RONALD W. HAUGHTON, CHAIRMAN

HENRY B.FRAZIER III, MEMBER

LEON B. APPLEWHAITE, MEMBER

FEDERAL LABOR RELATIONS AUTHORITY

CERTIFICATE OF SERVICE

COPIES OF THE DECISION AND ORDER OF THE FEDERAL LABOR RELATIONS
AUTHORITY IN THE SUBJECT PROCEEDING HAVE THIS DAY BEEN MAILED TO THE
PARTIES LISTED:

MRS. JERRY HOWARD

TREASURER AND ACTING VICE-PRESIDENT, LOCAL 4

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO

1520 MARKET STREET

ST. LOUIS, MISSOURI 63103

MR. GERALD K. HINCH

REGIONAL DIRECTOR

OFFICE OF PERSONNEL MANAGEMENT

1520 MARKET STREET

ST. LOUIS, MISSOURI 63103