Negotiabilty Decisions

Here a few Negotiability Appeals that PASS has made over the years to give you a sense of whether or not a subject is negotiable. No two cases are exactly the same, so if you have any questions call your regional vice president or the PASS National Office.

    

Category	Sub Category	Negotiable	Case Citation	Proposal
Assignments	Assigning Specific Tasks	Non-Negotiable	59 FLRA 25, Proposal 3	Requires Agency, not aviation inspector, to issue delegation of inspection duties to outside parties where aviation inspector deems delegation inappropriate.
Assignments	Assignments Generally	Non-Negotiable	59 FLRA 485	Permitting employees to take additional work assignments home and be compensated for completing those assignments with either compensatory time or true time and a half.
Assignments	Assignments Generally	Non-Negotiable	5	The location of certain work.
Assignments	Miscellaneous	Non-Negotiable	60 FLRA 609, Proposal 3	Management official required to provide written confirmation when directing an employee to leave contractor personnel unattended to perform other duties.
Assignments	Miscellaneous	Non-Negotiable	60 FLRA 609, Proposal 2	Management official required to notify employees when a contractor asks to deviate from the time frames in the contractors statement of work.
Assignments	Miscellaneous	Non-Negotiable	60 FLRA 609, Proposal 1	Management official required to provide written confirmation when assigning employees work involving the services of an outside contractor.
Assignments	Seniority	Negotiable	56 FLRA 798	The distribution of work assignments by seniority.
Facilities, Equipment & Services	Telephone / Autovon / Beepers	Negotiable	38 FLRA 149, Provision 1	The use of Government telephones for personal business by employees on temporary duty or in travel status, and reimbursement for such calls, if Government telephones are not available.
Health & Safety	Medical Documentation / information	Non-Negotiable	54 FLRA 1130, Proposal 3, Section 5	Requiring the agency to make reassignment offers to employees, referred to as the accused who are determined by a qualified professional to be under duress, and to employees called the accuser who are apparently the individuals who have reported employee mood swings to management.
Health & Safety	Medical Documentation / information	Non-Negotiable	54 FLRA 1130, Proposal 1	Defining the procedures and appropriate arrangements that individuals alleged to have mood swing personalities, along with the accusing individuals, shall use to begin evaluation by a professional physician.
Health & Safety	Medical Documentation / information	Non-Negotiable	54 FLRA 1130, Proposal 1	Requiring the agency to provide professional counseling, at Government expense and on official time, to employees who are determined by a qualified professional to be under duress.
Health & Safety	Safety / Health Hazards	Non-Negotiable	59 FLRA 25	Removing the ability of Aviation Safety Inspectors to veto delegation of inspection duties to outside parties.
Training	Miscellaneous	Non-Negotiable	61 FLRA 97	If the Agency decides to provide certain types of training, it must provide such training in accordance with the provisions of the collective bargaining agreement and the memorandum of agreement identified in the proposals.