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Employer Rights

Methods and Means  |  Mission  |  Necessary Actions in Emergencies
Organization  |  Miscellaneous


Methods and Means

  1. Granting non–examining time to unit members who attend training on filling out bug reports, in the event that the agency decides to train examiners. POPA, 56 FLRA 69, Proposal 78 [N, (b)(3)]
  2. Permitting unit members to make notations in computerized search files similar to notations that can be made in paper search documents. POPA, 56 FLRA 69, Proposal 41 [N, (b)(3)]
  3. Requiring the agency, where practicable, to keep foreign literature in the same place as U.S. literature of the same type for examiners required to do searches in the paper files as well as on the automatic system. POPA, 56 FLRA 69, Proposal 52 [N, (b)(3)]
  4. Allowing unit members to maintain, use, and store unofficial digests. POPA, 56 FLRA 69, Proposal 53 [N, (b)(3)]
  5. Requiring the agency, where practicable, to make at least one PALM terminal available in the workstation area. POPA, 56 FLRA 69, Proposal 55 [N, (b)(3)]
  6. Providing examiners discretion to determine whether to perform two search techniques – [t]ext searching and Named Document Collection addition or equivalent – except where the examiner performs a coded search. POPA, 56 FLRA 69, Proposal 56 [PN, (b)(1)]
  7. Requiring the agency to provide “support” to examiners performing gene sequence searching on the automated system by designating personnel to provide assistance to examiners or providing “equivalent” assistance. POPA, 56 FLRA 69, Proposal 59 [N, (b)(3)]
  8. Providing that the agency may permit examiners to use paper files when a “No Document Display”, or “Page Not Available” refer to information that is not available in the automated system. POPA, 56 FLRA 69, Proposal 62 [N]
  9. Requiring the agency to maintain the paper files for as long as the agency keeps the paper files. POPA, 56 FLRA 69, Proposal 63 [N, (b)(3)]
  10. Requiring the agency to ameliorate a discrepancy of the file integrity of the three systems, so that the three systems are in agreement with each other. POPA, 56 FLRA 69, Proposal 65 [PN, (b)(1)]
  11. Requiring the agency to make every reasonable effort to utilize funds from the salary of an employee assigned to fire duty to purchase supplies, tools, equipment, and materials for use by the remaining employees to accomplish the work of the division. NFFE, 59 FLRA 868, Option B [PN, (b)(1)]
  12. The purpose of the ARMT is to reduce coordination between facilities, automate delays, and gauge airport performance. NATCA, 61 FLRA 341, Section 2 [PN, (b)(1)]

Mission

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  1. Moving the “Mission” statement of the work unit contained in the agency regulations to the section entitled “Responsibilities.” AFGE, AFL–CIO, Local 3511, 12 FLRA 76 [N]
  2. Defining the agency’s authority as encompassing actions that are absolutely necessary for the functioning of the agency. POPA, 41 FLRA 795, Provision 1 [NN]

Necessary Actions in Emergencies

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  1. A specific agency official to verify and declare that an emergency exists before management can take necessary actions during emergencies. ACT, Pennsylvania State Council, 7 FLRA 346, Provision 1 [NN]
  2. Defining “emergency.” NFFE, Local 2059, 22 FLRA 136, Provision 2 [NN]
  3. Defining “emergency situation.” NFFE, Local 1655, 49 FLRA 874, Provision 1 [NN, (a)(2)(D)]
  4. Defining the circumstances under which an emergency exists for purposes of determining when the parties may temporarily circumvent compliance with other provisions of their collective bargaining agreement. IBEW, AFL–CIO, Local 350, 55 FLRA 243 [N]

Organization

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  1. Prescribing the number of sections a division shall have determines the agency’s organization. CREA, 3 FLRA 737, Section 1 [NN]
  2. Limiting the number of civilian positions in any organizational unit which could be converted to positions occupied by military personnel and thus requiring management to conform to a certain organizational structure and/or to organize its work force in a contractually prescribed manner. AFGE, AFL–CIO, Local 374, 11 FLRA 189, Proposal 8 [NN]
  3. Providing that the agency will establish certain types of positions. District No. 1, Pacific Coast District, MEBA, AFL–CIO, 26 FLRA 390, Section 5 [NN]
  4. Obligating the agency to raise the journeyman grade of bargaining unit employees if sufficient higher grade work were available to support promotion of all career ladder employees to the higher grade. AFGE, AFL–CIO, Local 32, 26 FLRA 452, Proposal 3 [NN]
  5. Addressing the organizational locus of the Reviewer Position. AFGE, AFL–CIO, Local 3509, 46 FLRA 1590, Proposal 14 [NN]
  6. Requiring the agency to make certain efforts to upgrade the Data Review Technicians positions. AFGE, AFL–CIO, National Council of SSA Field Assessment Locals, 49 FLRA 582, Proposal 1 [NN, (a)(l)]
  7. Requiring the agency to move a Full–Time Employee Equivalent position to a particular organizational subdivision of the agency to provide coverage of the dental assistant duties. NAGE, Local R5–184, 51 FLRA 386, Proposal 2 [PN, (b)(1)]
  8. Concerning the organizational placement of the functions and staff of the Reconsideration Section. AFGE, AFL–CIO, Local 1336, 52 FLRA 794, Proposals 1, 2, and 3 [NN, (a)(1)]
  9. Restructuring the existing business functions of the agency into four separate subdivisions: (1) Management Group, (2) Technical Group, (3) Operations Group and (4) Real Estate and Regulatory Group. IFPTE, Local 49, 52 FLRA 813, Proposal 1 [NN, (a)(l)]
  10. Intending to reduce the number of employees/positions required to perform the mission of the subunits established in Proposal 1 from the current 163 positions to 101 positions. IFPTE, Local 49, 52 FLRA 813, Proposal 2 [NN, (a)(l)]
  11. Reducing the number of supervisory positions required to perform the mission of the subunits from the current 33 positions to 13 positions. IFPTE, Local 49, 52 FLRA 813, Proposal 3 [NN, (a)(1)]
  12. Changing the GS–14 general engineer position in the Military/SFO Division from a supervisory to a non–supervisory position. IFPTE, Local 49, 52 FLRA 830, Proposal 1 [NN, LAW]
  13. Each of the engineers would be directly supervised by a GS-15 Supervisory General Engineer (Deputy Director) or SES Director. IFPTE, Local 49, 52 FLRA 830, Proposal 2 [NN, LAW]
  14. Intending to eliminate all first line supervisory responsibilities from the two GS–14 general engineers. IFPTE, Local 49, 52 FLRA 830, Proposal 3 [NN, LAW]
  15. Establishing an organizational structure for the reorganization of the Agency's South Pacific Division Laboratory. IFPTE, Local 49, 52 FLRA 839 [NN, (a)(1)]
  16. Requiring the agency to maintain Newington employees' Official Personnel Folders at the Newington site. NAGE, Local R1–109, 53 FLRA 526, Proposal 1 [NN, (a)(1)]
  17. Preventing the agency from implementing its decision to change the geographic locations of its two offices. NFFE, Local 7, 53 FLRA 1435, Proposals 1 and 2 [NN, (a)(1)]
  18. Requiring the agency to maintain a specific number of positions at each of three commissary locations. NAGE, Local R14–23, 54 FLRA 1302, Proposal 1 [PN, (b)(1)]. Upheld in National Association of Government Employees Local R14–23 v. Federal Labor Relations Authority, No. 98-1520 (D.C. Cir. 1999).
  19. Specifying the number of personnel with a specific job title that will be assigned to an organizational element to accomplish a particular workload. IFPTE, Local 49, 55 FLRA 25, Proposals 1, 2, 3 and 4 [PN, (b)(1)]
  20. Delaying implementation of the reorganization until completion of bargaining. NAGE, Locals R5–136 and R5–150, 55 FLRA 679, Proposal 0–NG–2424 [N, (b)(2)]
  21. Requiring the reorganization to be phased in by attrition––as currently occupied ward and lead medical clerk positions are vacated in medical administration service, the positions will be converted to health care technician positions in nursing and patient care service. NAGE, Locals R5–136 and R5–150, 55 FLRA 679, Proposal 0–NG–2425 [NN, (a)(1)]
  22. Requiring management to transfer all of the staffing function performed for both bargaining unit and non-bargaining unit employees at Defense Contract Audit Agency, Central Region to Defense Finance Accounting Service. AFGE, Local 3529, 55 FLRA 830, Proposal 1 [NN, (a)(1)]
  23. Requiring management to transfer all of the staffing function performed for bargaining unit employees at Defense Contract Audit Agency, Central Region to Defense Finance Accounting Service. AFGE, Local 3529, 55 FLRA 830, Proposal 2 [NN, (a)(1)]
  24. Requiring the agency to maintain a certain number of positions in the 109th Tactical Airlift Wing. ACT, Schenectady Chapter, 55 FLRA 925, Proposals 1, 2 and 3 [PN, (b)(1)]
  25. Delaying the agency’s reassignment of positions pending the completion of bargaining. NAGE, Local R4-45, 55 FLRA 995, Proposal 5 [N, (b)(2)]
  26. Relocation of an agency organizational unit. IFPTE, Local 96, 56 FLRA 1033 [NN, (a)(1)]

Miscellaneous

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  1. Enumerating the management’s rights in § 7106 of the Statute. New York State Nurses Association, 30 FLRA 706, Proposal 19 [N]
  2. Obligating the agency to exercise its management rights in a fair and objective manner. NTEU, 46 FLRA 696, Provisions 3, 9, 13, 25, 26, 27 and 31 [NN]
  3. The agency and the union “do a joint study” to determine the most efficient and productive way to meet the budget requirement. NAGE, Local R4–45, 55 FLRA 995, Proposal 2 [PN, (b)(1)]
  4. The parties either reach agreement by consensus on how to meet that budget requirement, or participate in impasse procedures if they cannot reach consensus. NAGE, Local R4–45, 55 FLRA 995, Proposal 4 [PN, (b)(1)]

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