Veterans Administration Medical Center, Salisbury, North Carolina (Activity) and American Federation of Government Employees, AFL-CIO, Local 1738 (Union) 



[ v02 p408 ]
02:0408(54)NG
The decision of the Authority follows:


 2 FLRA No. 54
 
 VETERANS ADMINISTRATION MEDICAL CENTER,
 SALISBURY, NORTH CAROLINA
 (Activity)
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 1738
 (Union)
 
                                            Case No. 0-NG-179
 
                     DECISION ON NEGOTIABILITY APPEAL
 
    DURING THE COURSE OF NEGOTIATIONS BETWEEN THE VETERANS ADMINISTRATION
 MEDICAL CENTER, SALISBURY, NORTH CAROLINA (THE ACTIVITY) AND AMERICAN
 FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 1738(THE UNION), THE
 ACTIVITY SUBMITTED TWO RELATED PROPOSALS TO THE UNION CONCERNING
 EMPLOYEES SERVING AS UNION STEWARDS.  IN RESPONSE, THE UNION DECLARED
 THE TWO PROPOSALS "NONNEGOTIABLE." THE ACTIVITY THEREAFTER FILED THE
 INSTANT NEGOTIABILITY APPEAL WITH THE AUTHORITY, ASSERTING THAT NOTHING
 IN THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE)
 SPECIFICALLY PRECLUDES AGENCY MANAGEMENT FROM SEEKING REVIEW OF
 PROPOSALS DETERMINED BY THE UNION TO BE NONNEGOTIABLE.  IN ITS STATEMENT
 OF POSITION, THE UNION CONTENDED THAT THE ACTIVITY LACKS STANDING TO
 FILE THE APPEAL HEREIN UNDER THE STATUTE AND THE AUTHORITY'S
 REGULATIONS.  THE AUTHORITY CONCLUDES THAT THE ACTIVITY'S PETITION FOR
 REVIEW MUST BE DISMISSED.
 
    SECTION 7117(C)(1) OF THE STATUTE PROVIDES, IN PERTINENT PART, THAT "
 . . . IF AN AGENCY INVOLV