14:0757(99)PS - Order Denying Request for General Ruling -- 1984 FLRAdec PS
[ v14 p757 ]
The decision of the Authority follows:
14 FLRA No. 99 ORDER DENYING REQUEST FOR GENERAL RULING The Federal Service Impasses Panel (the Panel), pursuant to section 2429.4 of the Authority's Rules and Regulations, /1/ has requested that the Authority issue a general ruling on certain issues which have arisen in proceedings before it. Specifically, the Panel seeks rulings on the following issues: 1. Did the Authority intend by its decision in International Federation of Professional and Technical Engineers, AFL-CIO, NASA Headquarters Professional Association and National Aeronautics and Space Administration, Washington, D.C., 8 FLRA No. 46 (1982), to exclude from the duty to bargain those proposals which define competitive areas for purposes of a reduction-in-force? 2. If not, are proposed competitive areas which satisfy applicable regulatory requirements (i.e., are defined in organizational and geographic terms) within the obligation to bargain even though they typically include at least some employees who are not members of the designated bargaining unit? That is, an administrative authority or geographical area normally encompasses persons who are not considered "employees" under section 7103(a)(2) of the Statute (e.g., supervisors and management officials) as well as employees who are either members of other bargaining units or unorganized. The Authority has carefully considered the Panel's request and has determined that the questions raised can more appropriately be resolved on a case by case basis. In this regard, a finding with respect to the duty to bargain over proposals which define competitive areas is governed by the particular circumstances presented by the record developed by the parties in individual cases. See American Federation of Government Employees, Local 32, AFL-CIO and Office of Personnel Management, 14 FLRA No. 98 (1984), issued this date. Accordingly, IT IS ORDERED that the Panel's request for a general ruling be, and it hereby is, denied. Issued, Washington, D.C., May 25, 1984 Barbara J. Mahone, Chairman Ronald W. Haughton, Member Henry B. Frazier III, Member FEDERAL LABOR RELATIONS AUTHORITY --------------- FOOTNOTES$ --------------- /1/ Section 2429.4 provides, in pertinent part: Sec. 2429.4 Referral of policy questions to the Authority. Notwithstanding the procedures set forth in this subchapter, the General Counsel, the Assistant Secretary, or the Panel may refer for review and decision or general ruling by the Authority any case involving a major policy issue that arises in a proceeding before any of them.