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56 FLRA No. 185
Association of Civilian Technicians Treasure State Chapter #57 and U.S. Dept. of Defense, National Guard Bureau, Montana National Guard, Helena, Montana, Case No. O-NG-2552 (Decided January 23, 2001)
This case concerned the negotiability of one provision disapproved by the Agency head under section 7114(c) of the Statute. The Authority dismissed the petition for review, after finding that it affected management's right to select from any appropriate source.
The Authority noted that under section 7106(a)(2)(C) of the Statute, management has the discretion to select candidates for positions from any appropriate source. A proposal requiring an agency to use competitive procedures to fill vacant positions affects management's right to select under section 7106(a)(2)(C), even where the proposal provides management with an exception in certain circumstances. Here, the provision would not preserve management's right to ultimately select from a different source, including noncompetitive reassignment. Thus, in these circumstances, the Authority conncluded that the provision affected management's right to select from any appropriate source.
Additionally, the Authority found that the provision was not a procedure under 7106(b)(2). The Authority noted that it has found that proposals requiring the use of competitive procedures in considering employees for vacancies constitute negotiable procedures only when the proposals do not prevent management from considering other applicants, or expanding the area of consideration once bargaining unit employees were considered, or using any other appropriate source in actually filling such vacancies.