Click here to view the decision.
56 FLRA No. 36
National Association of Government Employees Local R1-100 and U.S. Department of the Navy, Naval Submarine Support Facility Groton, Connecticut, 0-NG- 2467 (Decided April 27, 2000)
This case concerned 5 proposals. The Authority found that Proposals 8, 12 and 21 were outside the duty to bargain. Proposals 4 and 5 were found within the duty to bargain. Proposal 4, required that the Agency provide the employees with a written explanation of any and all rating elements and levels of achievement they woull be evaluated on prior to the beginning of the rating period. The Authority noted that proposals that require the dissemination of information to employees regarding performance standards and ratings are within the duty to bargain. For this same reason, the first disputed section of Proposal 5 was found within the duty to bargain. As to the second disputed phrase of the proposal, the Authority found that it did not affect the Agency rights as asserted. The Authority found that the proposal did not preclude the Agency from changing performance standards during the rating period.
Proposal 12 was found outside the duty to bargain. The Authority noted that by preventing the Agency from identifying and using additional elements, the proposal affected the Agency's exercise of its right to direct employees and to assign work under section 7106(a)(2)(A) and (B) of the Statute. The Authority explained that management's identification of critical job elements and the establishment of performance standards constitutes the exercise of the rights to direct employees and assign work under section 7106(a)(2)(A) and (B) of the Statute.
Proposal 8 was found outside the duty to bargain. Proposals or provisions that concern the assignment of specific duties to particular individuals, or preclude the assignment of specific duties to particular individuals, directly interfere with an agency's right to assign work under section 7106(a)(2)(B) of the Statute.
Proposal 21, as well, was outside the duty to bargain. The Authority noted that proposals or provisions that concern the assignment of specific duties to particular individuals or positions directly interfere with an agency's right to assign work under section 7106(a)(2)(B) of the Statute.