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Segal, Chair; and Tony Armendariz, Member. The appeal requests an Authority determination on the negotiability of one bargaining proposal, which would require the parties to use a particular Agency job description form DA Formdated June 1, to document certain agreements reached during negotiations over a reorganization.
For the reasons which follow, we find that the proposal is negotiable. Positions of the Parties A. Agency The Agency argues that the proposal does not concern conditions of employment of bargaining unit employees for two reasons. First, the Agency claims that the proposal requires bargaining over the content of job descriptions for supervisory personnel and employees who are in other bargaining units.
Second, the Agency argues that the content of job descriptions is a matter related to the classification of positions, which is excluded from the definition of conditions of employment by section a 14 B of the Statute. The Agency also contends that, by requiring the Agency to assign specific duties and responsibilities to specific employees, the proposal directly interferes with its rights to assign employees and to assign work under section a 2 A and B respectively.
Union The Union asserts that the proposal requires that DA Form be used "as the document to capture specific job position agreements reached between the parties when bargaining under Section b 1. However, the Union states that this proposal seeks only "to formally document agreements" and does not concern the "negotiability of the substance of those agreements.
The term "conditions of employment" is defined in section a 14 of the Statute as "personnel policies, practices, and matters, whether established by rule, regulation, or otherwise, affecting working conditions. In its petition for review, the Union refers to other proposals addressing aspects of the reorganization, and explains where any agreements reached on those other proposals would be included on the form required by the proposal in this case.
Petition for Review at 3. The Union further explains, consistent with the wording of the proposal at issue in this case, that those other proposals are not before us for a negotiability determination.
In short, the negotiability of those other proposals is not at issue in this case.
As no other basis is argued or apparent for concluding that the proposal does not concern a condition of employment, we find that it does. However, as already stated, the proposal does not require bargaining over the content of job descriptions or any other substantive matter.
Order The Agency shall upon request, or as otherwise agreed to by the parties, negotiate over the proposal. If blank, the decision does not have footnotes. Although the Union initially requested a negotiability ruling "block by block" of the 13 blocks on DA Formthe Union explained in its Reply Brief that this request should not be construed to mean that the proposal requires negotiations over the contents of job descriptions or the classification of positions.
Similarly, the reference in the proposal before us to "Executive Order " does not present any issue concerning the Executive Order. It appears, in this regard, that the proposal is in the nature of a proposed ground rule.
In finding the proposal to be negotiable, we make no judgment as to its merits.Nov 08, · The approving entity (such as the Legislature or an independent board), which is typically separate from the agency sponsoring the project, should verify that (1) the project satisfies most of the established P3 criteria and (2) the VFM analysis shows that a P3 procurement is the best option.
This case is before the Authority on a negotiability appeal filed by the Union under section (a)(2)(E) of the Federal Service Labor-Management Relations Statute (the Statute). Breaking News News - get the latest from the Dallas News. Read it here first. Gmail is email that's intuitive, efficient, and useful.
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