American Federation of Government Employees, AFL-CIO, Local 2118 (Union) and Department of Energy, Albuquerque Operations, Los Alamos Area Office (Activity) 

 



[ v02 p917 ]
02:0917(116)NG
The decision of the Authority follows:


 2 FLRA No. 116
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, AFL-CIO
 LOCAL 2118
 Union
 
 and
 
 DEPARTMENT OF ENERGY, ALBUQUERQUE
 OPERATIONS, LOS ALAMOS AREA OFFICE
 Activity
 
                                            Case No. 0-NG-153
 
                     DECISION ON NEGOTIABILITY APPEAL
 
    THIS MATTER IS BEFORE THE AUTHORITY AS THE RESULT OF A PETITION FOR
 REVIEW OF A NEGOTIABILITY ISSUE FILED BY THE UNION UNDER SECTION 7117(C)
 OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C. SEC.
 7117(C)).  BY LETTER DATED JANUARY 17, 1980, THE DEPARTMENT OF ENERGY IN
 EFFECT MOVED TO DISMISS THE UNION'S PETITION, ASSERTING, AMONG OTHER
 GROUNDS, THAT THE AGENCY SUBDIVISION HERE INVOLVED WAS EXCLUDED FROM
 COVERAGE OF THE STATUTE UNDER SECTION 1-210 OF EXECUTIVE ORDER NO.
 12171, NOVEMBER 19, 1979 (44 FED.REG. 66565), /1/ AND THAT THE AUTHORITY
 IS THEREFORE WITHOUT JURISDICTION IN THIS MATTER.  /2/
 
    AS APPEARS FROM THE UNION'S PETITION, THE ACTIVITY INVOLVED IN THE
 PRESENT PROCEEDING IS THE SAME AS THAT WHICH WAS BEFORE THE FEDERAL
 SERVICE IMPASSES PANEL IN DEPARTMENT OF ENERGY, LOS ALAMOS AREA OFFICE,
 LOS ALAMOS, NEW MEXICO AND LOCAL 2118, SECURITY INSPECTORS' UNIT, AFGE,
 79 FSIP 45.  THE RECORD IN THE PANEL CASE, OF WHICH THE AUTHORITY TAKES
 OFFICIAL NOTICE, INDICATES