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56 FLRA No. 149
American Federation of Government Employees Local 1978 and U.S. Dept. of the Interior, Bureau of Reclamation Lower Colorado Regional Office Boulder City, Nevada, Case No. 0-NG-1986 (Decided September 29, 2000)
This case concerned a request for reconsideration under section 2429.17 of the Authority's Regulations, pursuant to an Order Granting Motion for Reconsideration and Directing Additional Briefing with respect to Proposals 3 and 4 in 51 FLRA 637. Proposal 3 provided pay retention for employees who selected for an apprentice position. Proposal 4 provided pay retention for employees subject to a reduction-in-force (RIF). The Authority concluded that the proposals were not within the duty to bargain under the Statute and not preserved for bargaining under section 704 of the Civil Service Reform Act (CSRA) of 1978 (section 704). The Union's petition for review was dismissed.
The Authority concluded that section 5363 does not provide pay retention to employees affected by proposals 3 and 4, that Proposals 3 and 4 are inconsistent with part 536, and that the proposals were not preserved for bargaining under section 704.