American Federation of Government Employees, AFL-CIO, Local 2991 (Union) and Department of Health, Education and Welfare, Social Security Administration, El Paso District, Texas (Activity) 

 



[ v02 p647 ]
02:0647(79)NG
The decision of the Authority follows:


 2 FLRA No. 79
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 2991
 (Union)
 
 and
 
 DEPARTMENT OF HEALTH, EDUCATION
 AND WELFARE, SOCIAL SECURITY
 ADMINISTRATION, EL PASO DISTRICT,
 TEXAS
 (Activity)
 
                                            Case No. 0-NG-191
 
                     DECISION ON NEGOTIABILITY APPEAL
 
    THIS CASE COMES BEFORE THE FEDERAL LABOR RELATIONS AUTHORITY (THE
 AUTHORITY) PURSUANT TO SECTION 7105(A)(2)(E) OF THE FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE) (5 U.S.C. 7101 ET
 SEQ.).
 
    DURING THE TERM OF THE PARTIES' NEGOTIATED AGREEMENT, THE UNION
 REQUESTED NEGOTIATIONS ON THE STATISTICAL FORMS TO BE IMPLEMENTED FOR
 ACCOUNTABILITY OF VARIOUS GROUPS OF EMPLOYEES.  IN RESPONSE TO THE
 UNION'S REQUEST, THE ACTIVITY STATED, IN PART:
 
    IF YOU HAVE A PROPOSAL THAT YOU WOULD LIKE TO NEGOTIATE YOU MAY
 SUBMIT IT AND WE WILL MAKE
 
    EVERY EFFORT TO DETERMINE IF THE ISSUE IS NEGOTIABLE.
 
    THE UNION SUBSEQUENTLY FILED THE INSTANT APPEAL WITH THE AUTHORITY,
 BUT DID NOT PROVIDE THE AUTHORITY WITH ANY SPECIFIC PROPOSAL ON THE
 MATTER WHICH IT SEEKS TO NEGOTIATE.
 
    IN ALL MATERIAL RESPECTS, THIS CASE IS SUBSTANTIALLY IDENTICAL TO
 ASSOCIATION OF CIVILIAN TECHNICIANS, ALABAMA ACT AND STATE OF ALABAMA
 NATIONAL GUARD, CASE NO.  O-NG-27, 2 FLRA NO. 39(DEC. 28, 1979), REPORT
 NO.  . . . .  IN THAT CASE THE AUTHORITY DECIDED THAT A PETITION WHICH
 NEVER PRESENTED A PROPOSAL SUFFICIENTLY SPECIFIC AND DELIMITED IN FORM
 AND CONTENT AS TO PERMIT THE AUTHORITY TO RENDER A NEGOTIABILITY
 DECISION DID NOT MEET THE CONDITIONS FOR REVIEW.  FOR THE REASONS FULLY
 SET FORTH IN THAT DECISION, THE INSTANT PETITION DOES NOT MEET THE
 CONDITIONS FOR REVIEW PRESCRIBED IN SECTION 7117 OF THE STATUTE AND
 SECTION 2424.1 OF THE AUTHORITY'S RULES OF PROCEDURE.
 
    IN CONCLUSION, THE UNION'S APPEAL DOES NOT MEET THE CONDITIONS FOR
 REVIEW UNDER SECTION 7117 OF THE STATUTE AND SECTION 2424.1 OF THE
 AUTHORITY'S RULES AND REGULATIONS.  ACCORDINGLY, THE APPEAL IS
 DISMISSED.
 
    ISSUED, WASHINGTON, D.C., FEBRUARY 4, 1980
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY