16:0602(87)CA - EPA and AFGE -- 1984 FLRAdec CA
[ v16 p602 ]
16:0602(87)CA
The decision of the Authority follows:
16 FLRA No. 87 ENVIRONMENTAL PROTECTION AGENCY Respondent and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO Charging Party Case Nos. 3-CA-2767 3-CA-2803 3-CA-2825 DECISION AND ORDER The Administrative Law Judge issued the attached Decision in the above-entitled proceeding finding that the Respondent had engaged in certain unfair labor practices and recommending that it be ordered to cease and desist therefrom and take certain affirmative action. Exceptions to the Judge's Decision were filed by the Respondent, and an opposition thereto was filed by the Charging Party. Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Federal Service Labor-Management Relations Statute (the Statute), the Authority has reviewed the rulings of the Judge made at the hearing and finds that no prejudicial error was committed. The rulings are hereby affirmed. Upon consideration of the Judge's Decision and the entire record, the Authority hereby adopts the Judge's findings, conclusions /1/ and recommended Order as modified herein. /2/ In this regard, it is the opinion of the Authority that a prospective bargaining order will fully remedy the violations found. ORDER Pursuant to section 2423.29 of the Rules and Regulations of the Federal Labor Relations Authority and section 7118 of the Statute, the Authority hereby orders that the Environmental Protection Agency shall: 1. Cease and desist from: (a) Implementing procedures for the establishment of performance standards and critical elements of employee positions without first notifying the American Federation of Government Employees, AFL-CIO, the exclusive representative of a unit of its employees, and affording such representative the opportunity to bargain with regard to such procedures. (b) Failing and refusing to meet and negotiate in good faith with the American Federation of Government Employees, AFL-CIO, over ground rules for such negotiations, or conditioning any meeting or negotiation with the American Federation of Government Employees, AFL-CIO, on the submission by such exclusive representative of specific, substantive, written proposals concerning the performance standard-setting process. (c) In any like or related manner interfering with, restraining, or coercing employees in the exercise of their rights assured by the Federal Service Labor-Management Relations Statute. 2. Take the following affirmative action in order to effectuate the purposes and policies of the Statute: (a) Upon request, bargain with the American Federation of Government Employees, AFL-CIO, the exclusive representative of a unit of its employees, over ground rules for negotiations and over the procedures for the establishment of performance standards and critical elements of employee positions. (b) Post at its facilities copies of the attached Notice to be furnished by the Federal Labor Relations Authority. Copies of said Notice shall be signed by the Administrator, Environmental Protection Agency, or his designee, and shall be posted and maintained for 60 consecutive days thereafter, in conspicuous places, including all places where notices to employees are customarily posted. Reasonable steps shall be taken by the Respondent to ensure that such Notices are not altered, defaced, or covered by any other material. (c) Pursuant to section 2423.30 of the Authority's Rules and Regulations, notify the Regional Director, Region III, Federal Labor Relations Authority, in writing, within 30 days from the date of this Order, as to what steps have been taken to comply herewith. Issued, Washington, D.C., November 30, 1984. Henry B. Frazier III, Acting Chairman Ronald W. Haughton, Member FEDERAL LABOR RELATIONS AUTHORITY NOTICE TO ALL EMPLOYEES PURSUANT TO A DECISION AND ORDER OF THE FEDERAL LABOR RELATIONS AUTHORITY AND IN ORDER TO EFFECTUATE THE POLICIES OF CHAPTER 71 OF TITLE 5 OF THE UNITED STATES CODE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS WE HEREBY NOTIFY OUR EMPLOYEES THAT: WE WILL NOT implement procedures for the establishment of performance standards and critical elements of employees positions without first notifying the American Federation of Government Employees, AFL-CIO, the exclusive representative of a unit of our employees, and affording such representative the opportunity to bargain with regard to such procedures. WE WILL NOT fail and refuse to meet and negotiate in good faith with the American Federation of Government Employees, AFL-CIO, over ground rules for such negotiations, or condition any meeting or negotiation with the American Federation of Government Employees, AFL-CIO, on the submission by such exclusive representative of specific, substantive, written proposals concerning the performance standard-setting process. WE WILL, upon request, bargain with the American Federation of Government Employees, AFL-CIO, the exclusive representative of a unit of our employees, over ground rules for negotiations and procedures for the establishment of performance standards and critical elements of employee positions. Activity Dated: By: (Signature) (Title) This Notice must remain posted for 60 consecutive days from the date of posting, and must not be altered, defaced, or covered by any other material. If employees have any questions concerning this Notice or compliance with its provisions, they may communicate directly with the Regional Director, Region III, Federal Labor Relations Authority, whose address is: 1111 18th Street, NW., Suite 700, P.O. Box 33758, Washington, D.C. 20033-0758, and whose telephone number is: (202) 653-8456. -------------------- ALJ$ DECISION FOLLOWS -------------------- ENVIRONMENTAL PROTECTION AGENCY Respondent and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO Charging Party Case Nos. 3-CA-2767 3-CA-2803 3-CA-2825 Mr. Thorne W. Chambers Ms. Gail J. Korb For the Respondent Mr. James P. Jones For the Charging Party Eileen Hamamura Miller, Esquire For the General Counsel, FLRA Before: GAVIN LEE OLIVER Administrative Law Judge DECISION Statement of the Case This decision concerns a consolidated unfair labor practice complaint issued by the Regional Director, Region Three, Federal Labor Relations Authority, Washington, D.C. against the Environmental Protection Agency (Respondent or Agency) based on charges filed by the American Federation of Government Employees, AFL-CIO (Charging Party or Union). The complaint alleged, in substance, that Respondent violated section 7116(a)(1) and (5) of the Federal Service Labor-Management Relations Statute, 5 U.S.C. 7101 et seq. (the Statute), by failing and refusing to negotiate in good faith with the Union over the procedures, impact, and implementation of performance standards. Respondent's answer denied any violation of the Statute. The pivotal issue is whether Respondent could require the Union to submit specific, substantive written proposals on the performance standard-setting procedure before Respondent was obligated to meet and negotiate ground rules for such bargaining, which the Union insisted must be negotiated first. A hearing was held in this matter in Washington, D.C. The Respondent, Charging Party, and the General Counsel, FLRA were represented and afforded full opportunity to be heard, adduce relevant evidence, examine and cross-examine witness, and file post-hearing briefs. Based on the entire record herein, /3/ including my observation of the witnesses and their demeanor, the exhibits, other relevant evidence adduced at the hearing, and the briefs, I make the following findings of fact, conclusions of law, and recommendations. Findings of Fact The American Federation of Government Employees, AFL-CIO (Charging Party or Union) is the certified exclusive representative of national consolidated units of certain professional and nonprofessional employees of Respondent. (General Counsel's Exh. Nos. 2(a) and (b)). There is no collective bargaining agreement between the Union and Respondent covering the consolidated units. (Tr. 40). To administer the duties of the national consolidated exclusive recognition between Respondent and the Union, certain delegations of authority were made from the Union to the National EPA Council (herein EPA Council), the EPA Council's president, and various local Union officers. (General Counsel's Exh. Nos. 3(a) and (c)). The EPA Council is a group of the Union's locals and was formed to administer the day-to-day business of representing employees represented by the Union. (Tr. 30). By letter dated February 23, 1981, Thorne W. Chambers, Labor Relations Officer for Respondent, informed EPA Council President Harold Dodson that Respondent intended to use a procedure to have employees' performance standards in place by October 1, 1981, as required by Public Law 95-454. Specifically, Respondent proposed: (1) Employees will receive training in preparing draft performance standards, critical elements, and measures for outstanding, satisfactory and unsatisfactory. (2) Supervisors will meet with each employee and discuss the process as it relates to the individual's position and organizational goals. (3) Employees then will develop and submit to their supervisors drafts of standards, elements, and measures. (4) Supervisors will review the submissions and arrive at the final elements, standards and measures. Elements, standards and measures per se are not grievable. The supervisor will discuss the elements, standards and measures with the employee and provide a copy to the employee. (5) If the requirements of a position should substantially change at any time, the elements, standards, or measures may be modified using the above procedures. Respondent's letter also stated that if the Union wished to make any proposals concerning the procedure, it should do so, in writing, no later than March 13, 1981, or the procedures outlined would be implemented. (General Counsel's Exh. 4). Pursuant to the Union's delegation of authority, Mr. Dodson responded by a letter dated March 13, 1981. Mr. Dodson gave notice that the Union requested bargaining on the development and application of performance standards for bargaining-unit employees. The Union proposed that the parties meet on March 18, 1981 to establish ground rules for the negotiation of the proposed procedures. The letter set out the proposed procedures again with slight modifications favoring the Union's proposed involvement. The Union submitted as its proposed ground rules a proposed memorandum of understanding which was to govern procedures for negotiating a written agreement between Respondent and the Union for employees in the consolidated units. The detailed proposal included numerous explicit ground rules regarding negotiating committees, bargaining routine, place of meeting, recesses/caucuses, maintenance of records, supplies and equipment, impasses in negotiations, and authority. More specifically, for Union negotiators, who are EPA employees, there were provisions for duty status during all phases of negotiations including preparation time. There were also provisions for official time, travel, and per diem /4/ for ten employee representatives and for ten employee alternates for the Union, and duty status for up to three resource/observer persons, and for a person to take notes during negotiations. (General Counsel's Exh. 5). Respondent did not specifically acknowledge the Union's demand for ground rules negotiations. Instead, by letter dated March 24, 1981, Respondent advised the Union that since it had not submitted specific written proposals on the performance standard-setting procedure, it must have misunderstood Respondent's letter. Therefore, Respondent afforded the Union additional time, to April 3, to submit its proposals and requested that it submit "specific, substantive, written proposals concerning the standard-setting procedure." The letter indicated that if specific written proposals concerning the procedure were not received, the procedure would be implemented as outlined in the February 23, 1981 letter. (General Counsel's Exh. 7). On April 1, 1981 the Union responded by noting its previous request for a meeting to negotiate ground rules and requested that the Respondent "answer yes or no, as to whether it will accept the Union's proposals for ground rules." (General Counsel's Exh. 6). Respondent replied in writing the next day, April 2, reiterating its request for specific written proposals on standard-setting. The Respondent also reiterated that the Agency's proposals on the performance standard-setting process were contained in the February 23 letter, and that these proposals were necessitated by 5 U.S.C. 4302(b)(2) which required that elements and standards be communicated to each employee by October 1. The Respondent also stated in its April 2 letter to the Union: "Identical proposals on the standard-setting process were sent to seven (7) other labor organizations which represent EPA employees. None of the other unions had any problem understanding our proposals and responding (for those who wished to negotiate) with their own specific, substantive proposals within the designated time frames. Furthermore, we have afforded you an additional amount of time in which to respond with specific proposals on standard-setting, which was not necessary for any of the other labor organizations." The letter stated that unless specific written proposals were received, the standard-setting procedure outlined earlier would be implemented. (General Counsel's Exh. 8). By letter dated April 3, 1981 the Union responded to the April 2, 1981 letter, stating that should Respondent fail to respond by April 10, 1981 to the Union's March 13, 1981 request to bargain and submission of counter-proposals, the Union would consider Respondent's actions to be a refusal to bargain in good faith. (General Counsel's Exh. 9). By letter dated April 8, 1981 Respondent replied that since the Union had repeatedly refused to submit specific substantive written proposals, the standard-setting procedures outlined in the February 23, 1981 letter had been implemented. (General Counsel's Exh. 10). After the Respondent's April 8, 1981 letter informing the Union that the February 23 proposal had been implemented, all communications between the Respondent and the Union on this matter ceased for some time. The Respondent proceeded to implement the agency proposal by developing a training program and preparing related documents. (Tr. 10). On June 12, 1981, Thorne W. Chambers and Gail Korb of the Respondent's labor relations staff met with Ronald King and James P. Jones of the Union at the Union's national office. The purpose of the meeting, arranged by request of the Agency, was to present to the Union the Agency's new Administrator's proposal for the reorganization of the Agency. Mr. Chambers and Ms. Korb presented material to the Union on the proposed reorganization. During the course of the meeting, the subject of the Agency's manual for training employees on the performance system was discussed. The Union requested a copy of the manual and the Agency representatives readily agreed to send them one. The Union's representatives gained the erroneous impression from the discussion that the manual was being used to train supervisors and that the Union would have the opportunity to negotiate "the next phase," that is, the application of the training manual to employees. By referring to the Union's right to negotiate "the next phase," the Agency representative, Mr. Chambers, was actually referring to the application of the standards, i.e., the appraisal process itself, which would come at a later stage and not at the training stages of the standard-setting process. The Respondent considered the Union's right to negotiate training activities during the standard-setting process to be foreclosed by its failure to submit specific written proposals in response to the procedure outlined. By the beginning of July 1981, the Respondent began giving training courses on the development of critical job elements and performance standards to the approximately 4,000 employees in the consolidated bargaining units. (Tr. 9). When the EPA Council President Dodson attended a training session as an employee on July 28, 1981 and received the training manuals, he notified Union headquarters that such manuals were in use. (Tr. 46, 66). By letter dated July 30, 1981, the Union advised Respondent that it had previously gained the impression that unit employees not yet be involved, asked that any further implementation be halted pending negotiations, stated that it wanted the matter elevated to the national level for negotiation, and named Mr. Dodson as the Union's bargaining agent. (General Counsel's Exh. 13). The Agency's response of August 10, 1981 stated that the handbook which was provided to the Union at its request was intended for use in training employees. The letter further stated: "It is a matter which falls under the training provision of management's proposal which was provided to the union some months earlier. We do not consider this to be a matter subject to bargaining now." (General Counsel's Exh. 14). On August 11, 1981, the Union again asked for bargaining on the Agency's performance standards system and requested that bargaining on ground rules commence on August 14, 1981. (General Counsel's Exh. 15). On the same day, Respondent replied stating, in part: As you know, AFGE was provided an opportunity to submit specific written proposals for bargaining on the standard-setting process during the period February 23 through April 3 and failed to do so. Since the union failed to bargain on standard-setting, management proceeded to implement its proposal of record. All aspects now being implemented fall within and are in accord with the provisions of our proposal of February 23, 1981. Nevertheless, I think you should know that management in the not too distant future will have proposals ready for bargaining on the second phase of the Performance Management System (PMS) which will deal with the application of standards. We look forward to bargaining with AFGE on Phase II of PMS. (General Counsel's Exh. 17). Respondent fully implemented the standard-setting process, and all standards and elements were established and in place by October 1, 1981. (Tr. 66, 77, 84). Discussion, Conclusion, and Recommendations The complaint alleges that Respondent violated section 7116(1) and (5) when it failed to meet and negotiate with the Union in good faith over the procedures, impact, and implementation of performance standards. /5/ The complaint alleges that such violation occurred on April 8, 1981 when Respondent unilaterally implemented the standard-setting procedures contained in its February 23, 1981 letter and, in July 1981, when Respondent began to unilaterally implement a system of performance standards by distributing a handbook to employees. Respondent defends on the basis that the agency met its statutory obligation by giving the Union timely notice and an opportunity to submit specific, substantive written proposals concerning the performance standard-setting process. Respondent alleges that the Union's failure to respond with specific relevant proposals and its insistence on negotiating ground rules first precluded the consummation of impact and implementation bargaining. Respondent contends that it had no obligation to negotiate proposals which bore no relation to the substance of the agency's proposals and which were meant to be either in lieu of, or as a precondition to, bargaining on specific, substantive proposals. Respondent terms the Union's insistence on first negotiating ground rules "sham preconditions and bad faith pretexts" and asserts that it had the right to insist on subject-specific proposals "lest the bargaining process be crippled by all manner of dilatory obstructionism and by blatant bad faith." Respondent relies on Division of Military and Naval Affairs, State of New York, Albany, New York, 8 FLRA No. 71 (March 26, 1982). In that case (1-CA-16), the agency submitted its proposals concerning a position conversion program and requested specific proposals from the union. The union requested to bargain, but instead of responding with appropriate proposals during the various meetings and in correspondence with the agency, it continued to demand written proposals from the agency. The Authority held that the agency had met its obligation to bargain. The Authority adopted the findings and conclusions of Judge Louis Scalzo, who stated, in part: The Union had an obligation to either respond with appropriate proposals, request additional information, or request additional time in which to prepare to submit a Union position on impact and implementation. Here, there was no reason to believe that the Union intended to pursue any of these approaches. In the instant case, the Union requested to bargain on the performance standard-setting procedures, submitted specific proposals regarding ground rules, and requested a meeting with Respondent to establish the ground rules for the negotiations on the procedures. In the terms used in the Division of Military and Naval Affairs case, the issue is whether this was a response "with appropriate proposals" which triggered a further obligation on Respondent's part. I conclude that it was such an appropriate response. The Statute provides for meetings to take place between the parties as part of the collective bargaining process. The phrase, "collective bargaining" is defined in section 7103(a)(12) of the Statute as follows: (12) 'collective bargaining' means the performance of the mutual obligation of the representative of an agency and the exclusive representative of employees in an appropriate unit in the agency to meet at reasonable times and to consult and bargain in a good-faith effort to reach agreement with respect to the conditions of employment affecting such employees and to execute, if requested by either party, a written document incorporating any collective bargaining agreement reached, but the obligation referred to in this paragraph does not compel either party to agree to a proposal or to make a concession. See also section 7114(a)(4) and section 7114(b)(3). There is no requirement in the Statute that all proposals must be in writing. Thus, the request by Respondent for specific, substantive written proposals in advance was in the nature of a proposed ground rule itself, i.e., a guide for the conduct of the negotiations. The Union was entitled to respond in kind with procedural proposals of its own, namely that the parties should first negotiate ground rules, the arrangements between the parties as to how the negotiations would be conducted. There is no evidence that the Union's response was made in bad faith. The proposed ground rules reveal several obvious matters of legitimate concern to the Union and to the conditions of employment of bargaining unit employees. The Union needed advance notice of the number of individuals representing the agency so that it would know the number of employees for whom official time would be authorized in the negotiations under section 7131(a). The Union also wanted to negotiate the amount of official time to be used by union negotiators to prepare for collective bargaining negotiations which falls within the duty to bargain as provided in section 7131(d) of the Statute. See Division of Military and Naval Affairs, State of New York, Albany, New York, 7 FLRA No. 51 (1981); American Federation of Government Employees, AFL-CIO, Local 1962, 3 FLRA No. 47 (1980). The parties had a continuing controversy over the payment of travel and per diem for union negotiators, and the Union wanted to ensure that employee representatives would be paid travel expenses and per diem in accordance with applicable law. See Interpretation and Guidance, 2 FLRA No. 31 ( 1979). The duty of an agency and an exclusive representative to negotiate in good faith includes the obligation under section 7114(b)(3) of the Statute "to meet at reasonable times and convenient places as frequently as may be necessary, and to avoid unnecessary delay." The Union's proposed ground rules legitimately sought to determine "reasonable times and convenient places." There is also no evidence that the Union's response was made for purposes of delay. The Union submitted specific proposals for the ground rules and proposed to meet with Respondent five days later "to establish (the) ground rules for negotiation(s) . . . ." As noted above, the duty of an agency and an exclusive representative to negotiate in good faith includes the obligation "to meet at reasonable times and convenient places as frequently as necessary . . . ." It must be assumed that, had the parties met, reasonable and minimum guides for the conduct of negotiations would have been agreed upon. On this record, it certainly cannot be concluded, as urged by Respondent, that negotiation of ground rules would have crippled the bargaining process. As Judge Naimark recently stated in California National Guard, Sacramento, California, 9-CA-931, 9-CA-1100, OALJ-82-70 (April 14, 1982), in holding that travel expenses and per diem should be paid to an employee union representative for a meeting regarding ground rules, "Discussions regarding rules which will operate as a framework for negotiations are, in my opinion, part and parcel of the collective bargaining process." It is concluded that Respondent violated section 7116(1) and (5) when it failed and refused to negotiate in good faith, including the negotiation of ground rules, and unilaterally implemented the standard-setting procedures contained in its February 23, 1981 letter. Since the issuance of the instructional handbook and the training commencing in July 1981 were part of this implementation, this finding will adequately remedy the violation, and it is unnecessary to pass upon whether the Union's July 30, 1981 request would have otherwise created a new obligation to negotiate. It is noted, however, that the contention made by Respondent, that an agency has no duty to bargain with regard to changes in conditions of employment proposed by an exclusive representative, but only with regard to changes proposed by the agency, has been held by the Authority to be clearly inconsistent with the definition and purposes of "collective bargaining" under the Statute. See Library of Congress, 9 FLRA No. 51 (1982). The Union has requested that, as a remedy, the Authority order a return to the status quo ante. The General Counsel does not seek a status quo ante remedy, in view of what he considers the mandate contained in 5 U.S.C. 4302 and the implementing regulations issued by the Office of Personnel Management. Rather, the General Counsel asks that retroactive effect be given to any bargaining agreement negotiated by the parties. I agree with the General Counsel that, in this particular instance, the requirement that any agreement be given retroactive effect will best effectuate the purposes and policies of the Statute. Based on the foregoing findings and conclusions, I recommend that the Authority issue the following Order: ORDER Pursuant to section 2423.29 of the Rules and Regulations of the Federal Labor Relations Authority and section 7118 of the Federal Service Labor-Management Relations Statute, the Authority hereby orders that the Environmental Protection Agency shall: 1. Cease and desist from: (a) Establishing or implementing procedures for the establishment of performance standards and critical elements of employee positions without first notifying the American Federation of Government Employees, AFL-CIO, the exclusive representative of a unit of its employees, and affording such representative the opportunity to bargain consonant with the obligations imposed by the Statute. (b) Failing and refusing to meet and negotiate in good faith with the American Federation of Government Employees, AFL-CIO, over ground rules for such negotiations. (c) Conditioning any meeting or negotiation with the American Federation of Government Employees, AFL-CIO of the submission by such exclusive representative of specific, substantive written proposals concerning the performance standards-setting process. (d) In any like or related manner interfering with, restraining, or coercing employees in the exercise of their rights assured by the Federal Service Labor-Management Relations Statute. 2. Take the following affirmative action in order to effectuate the purposes and policies of the Statute: (a) Upon request of the American Federation of Government Employees, AFL-CIO, the exclusive representative of a unit of its employees, bargain consonant with the obligations imposed by the Statute over ground rules for negotiations and procedures for the establishment or performance standards and critical elements of employee positions. (b) Give retroactive effect to any agreement reached regarding procedures for the establishment of performance standards and critical elements of employee positions, revise the performance standards and critical elements implemented October 1, 1981 to the extent they may be changed as a result of implementation of the agreed upon procedures, and give retroactive effect to any such revision. (c) Post at its facilities copies of the attached Notice marked "Appendix" on forms to be furnished by the Authority. Upon receipt of such forms, they shall be signed by the Administrator, Environmental Protection Agency, and shall be posted and maintained by her for 60 consecutive days thereafter, in conspicuous places, including all bulletin boards and other places where notices to employees are customarily posted. The Administrator shall take reasonable steps to insure that such notices are not altered, defaced, or covered by any other material. (d) Pursuant to 5 C.F.R. 2423.30 notify the Regional Director, Federal Labor Relations Authority, Region III, 1111 18th Street, NW., Suite 700, Washington, D.C. 20036, in writing, within 30 days from the date of this Order, as to what steps have been taken to comply herewith. GARVIN LEE OLIVER Administrative Law Judge Dated: July 30, 1982 Washington, D.C. APPENDIX NOTICE TO ALL EMPLOYEES PURSUANT TO A DECISION AND ORDER OF THE FEDERAL LABOR RELATIONS AUTHORITY AND IN ORDER TO EFFECTUATE THE POLICIES OF CHAPTER 71 TITLE 5 OF THE UNITED STATED CODE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS WE HEREBY NOTIFY OUR EMPLOYEES THAT: WE WILL NOT establish or implement procedures for the establishment of performance standards and critical elements of employee positions without first notifying the American Federation of Government Employees, AFL-CIO, the exclusive representative of a unit of our employees, and affording such representative the opportunity to bargain consonant with the obligations imposed by the Statute. WE WILL NOT fail and refuse to meet and negotiate in good faith with the American Federation of Government Employees, AFL-CIO, over ground rules for such negotiations. WE WILL NOT condition any meeting or negotiation with the American Federation of Government Employees, AFL-CIO on the submission by such exclusive representative of specific, substantive written proposals concerning the performance standards-setting process. WE WILL, upon request of the American Federation of Government Employees, AFL-CIO, the exclusive representative of a unit of our employees, bargain consonant with the obligations imposed by the Statute over ground rules for negotiations and procedures for the establishment of performance standards and critical elements of employee positions. WE WILL give retroactive effect to any agreement reached regarding procedures for the establishment of performance standards and critical elements of employee positions, revise the performance standards and critical elements implemented October 1, 1981 to the extent they may be changed as a result of implementation of the agreed upon procedures, and give retroactive effect to any such revision. (Agency or Activity) DATED: BY: (Signature) This Notice must remain posted for 60 consecutive days from the date of posting and must not be altered, defaced, or covered by any other material. If employees have any questions concerning this Notice or compliance with any of its provisions, they may communicate directly with the Regional Director, Federal Labor Relations Authority, Region III, whose address is: 1111 18th Street, NW., Suite 700, Washington, D.C. 20036, and whose telephone number is: (202) 653-8452. --------------- FOOTNOTES$ --------------- /1/ National Treasury Employees Union and Department of the Treasury, Bureau of the Public Debt, 3 FLRA 769 (1980), affirmed sub nom. National Treasury Employees Union v. Federal Labor Relations Authority, 691 F.2d 553 (D.C. Cir. 1982). See also Department of Defense Dependents Schools, 14 FLRA No. 40 (1984). /2/ The Authority does not adopt the Judge's characterization of the Authority's finding in Library of Congress, 9 FLRA 421 (1982). In that decision, as in the present case, the Authority found that the exclusive representative was entitled to notice and an opportunity to bargain regarding changes initiated by management. /3/ The General Counsel's unopposed motion to correct the transcript is granted; the transcript is hereby corrected as requested therein. /4/ The record reflects the existence of a long-standing dispute between the Agency and the Union on the payment of travel and per diem for employees representing the Union. (Tr. 56, 81). /5/ The Authority set out the general scope of the bargaining obligation concerning identification of critical elements and the establishment of performance standards in Bureau of Public Debt, et al, 3 FLRA No. 119, 3 FLRA 768 (1980), appeal pending (D.C. Cir.).