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Case: Labor Relations/Management Rights (D.C. Cir.)

Dec. 3, 2019, 8:07 PM

The Federal Labor Relations Authority’s ruling that the National Treasury Employees’ Union proposal to prohibit Customs and Border Protection from using certain employee-performance rating levels would interfere with the agency’s nonnegotiable rights to direct employees and assign work was denied review by the D.C. Circuit. The FLRA concluded that setting the number of rating levels for both individual elements of the job and overall performance were essential aspects of CBP’s management rights. This is a permissible and reasonable interpretation of the Federal Service Labor-Management Relations Statute, and consistent with FLRA precedent, the appeals court said. An agency must be able...

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