Professional Air Traffic Controllers Organization, AFL-CIO and Department of Transportation, Federal Aviation Administration



[ v02 p869 ]
02:0869(107)NG
The decision of the Authority follows:


 2 flra No. 107
 
 MR. DENNIS M. REARDON
 DIRECTOR OF OPERATIONS
 PROFESSIONAL AIR TRAFFIC CONTROLLERS
 ORGANIZATION, AFL-CIO
 444 NORTH CAPITOL STREET, NW., SUITE 820
 WASHINGTON, D.C.  20001
 
                              RE:  PROFESSIONAL AIR TRAFFIC
                                   CONTROLLERS ORGANIZATION,
                                   AFL-CIO AND DEPARTMENT OF
                                   TRANSPORTATION, FEDERAL
                                   AVIATION ADMINISTRATION,
                                   Case No. 0-NG-209
 
 DEAR MR. REARDON:
 
    THIS REFERS TO THE UNION'S PETITION FOR REVIEW IN THE ABOVE-ENTITLED
 CASE.  AS PRESENTED THEREIN, THE PROFESSIONAL AIR TRAFFIC CONTROLLERS
 ORGANIZATION, AFL-CIO, PROPOSED GENERALLY "TO NEGOTIATE (THE ACTIVITY'S)
 PROPOSED CHANGES TO (THE ACTIVITY'S REGULATION)." FOR THE REASONS SET
 FORTH BELOW, THE UNION'S APPEAL MUST BE DISMISSED.
 
    UNDER ESTABLISHED AUTHORITY PRECEDENT, 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.  , A PETITION FOR
 REVIEW OF A NEGOTIABILITY ISSUE WHICH DOES NOT PRESENT A PROPOSAL
 SUFFICIENTLY SPECIFIC AND DELIMITED IN FORM AND CONTENT AS TO PERMIT THE
 AUTHORITY TO RENDER A NEGOTIABILITY DECISION THEREON DOES NOT MEET THE
 CONDITIONS FOR REVIEW SET FORTH IN SECTION 7117 OF THE STATUTE (92 STAT.
 1205 ET SEQ. (1978)) AND SECTION 2424.1 OF THE AUTHORITY'S REGULATIONS.
 
    IN ALL MATERIAL RESPECTS, THE INSTANT APPEAL IS SUBSTANTIALLY
 IDENTICAL TO THE CASE CITED.  THEREFORE, FOR THE REASONS FULLY SET FORTH
 IN THAT DECISION, THE INSTANT APPEAL SIMILARLY DOES NOT MEET THE
 CONDITIONS FOR REVIEW PRESCRIBED IN SECTION 7117 OF THE STATUTE AND
 SECTION 2424.1 OF THE AUTHORITY'S REGULATIONS.  ACCORDINGLY, AND APART
 FROM OTHER CONSIDERATIONS, /1/ THE APPEAL IS HEREBY DISMISSED.
 
    FOR THE AUTHORITY.
 
                                SINCERELY,
 
                           SAMUEL A. CHAITOVITZ
 
                            EXECUTIVE DIRECTOR
 
    CC:  HON. N. E. GOLDSCHMIDT
 
    R. S. SMITH
 
    TRANSPORTATION
 
    /1/ AMONG OTHER THINGS, TO THE EXTENT THAT THE INSTANT CASE ARISES
 OUT OF A DISPUTE OVER THE MEANING OF PROVISIONS CONTAINED IN THE
 PARTIES' AGREEMENT, THE PROPER FORUM IN WHICH TO RESOLVE SUCH QUESTIONS
 IS NOT A NEGOTIABILITY APPEAL BUT, INSTEAD, WOULD BE PURSUANT TO
 WHATEVER PROCEDURES THE PARTIES THEMSELVES HAVE ADOPTED FOR SUCH
 PURPOSE
 THROUGH SUCH AGREEMENT.  E.G., AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 1931 AND DEPARTMENT OF THE NAVY, NAVAL WEAPONS
 STATION, CONCORD, CALIFORNIA, CASE NO. O-NG-55, 2 FLRA NO. 19 (DEC. 5,
 1979), REPORT NO