National Federation of Federal Employees, Local 1862 (Union) and Department of Health, Education and Welfare, Public Health Service, Indian Health Service, Phoenix, Arizona (Activity) 

 



[ v03 p182 ]
03:0182(25)NG
The decision of the Authority follows:


 3 FLRA No. 25
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 1862
 (Union)
 
 and
 
 DEPARTMENT OF HEALTH, EDUCATION
 AND WELFARE, PUBLIC HEALTH SERVICE,
 INDIAN HEALTH SERVICE, PHOENIX, ARIZONA
 (Activity)
 
                                            Case No. 0-NG-195
 
                     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 (5 U.S.C. 7101 ET SEQ.).
 
    THE BASIC FACTS, AS SET FORTH IN THE RECORD, ARE THAT THE LOCAL
 PARTIES EXECUTED A NEGOTIATED AGREEMENT ON JULY 17, 1979, AND SUBMITTED
 IT TO THE AGENCY FOR REVIEW AND APPROVAL IN ACCORDANCE WITH SECTION
 7114(C) OF THE STATUTE;  AND THAT BY LETTER OF OCTOBER 4, 1979, THE
 AGENCY NOTIFIED THE UNION THAT IT HAD DISAPPROVED A NUMBER OF PROVISIONS
 OF THAT AGREEMENT AS BEING INCONSISTENT WITH APPLICABLE LAW, RULE OR
 REGULATION.  THUS, THE AGREEMENT WAS EXECUTED BY THE LOCAL PARTIES ON
 JULY 17, 1979, AND THE AGENCY'S DISAPPROVAL WAS SERVED ON THE UNION BY
 MAIL ON OCTOBER 4, 1979, OR AT LEAST 79 DAYS AFTER THE AGREEMENT WAS
 EXECUTED.
 
    SECTION 7114(C) OF THE STATUTE PROVIDES IN PERTINENT PART:
 
    (C)(1) AN AGREEM