National Treasury Employees Union, Chapter 208 (Union) and Nuclear Regulatory Commission, Washington, DC (Agency) 

 



[ v04 p215 ]
04:0215(31)NG
The decision of the Authority follows:


 4 FLRA No. 31
 
 NATIONAL TREASURY EMPLOYEES
 UNION, CHAPTER 208
 Union
 
 and
 
 NUCLEAR REGULATORY COMMISSION,
 WASHINGTON, D.C.
 Agency
 
                                            Case No. O-MC-5
 
                         ORDER DISMISSING PETITION
 
    IN A PETITION FILED WITH THE AUTHORITY, CHAPTER 208, NATIONAL
 TREASURY EMPLOYEES UNION (THE UNION) SEEKS REVIEW OF AN ISSUE THAT AROSE
 IN CONNECTION WITH THE PROCESSING OF A GRIEVANCE UNDER A NEGOTIATED
 AGREEMENT BETWEEN THE UNION AND THE NUCLEAR REGULATORY COMMISSION (THE
 AGENCY).  BASED UPON THE UNION'S SUBMISSION, IT APPEARS THAT THE AGENCY
 DENIED A GRIEVANCE (RELATED TO A LIFE INSURANCE COVERAGE AND PREMIUM
 PAYMENT DISPUTE) AT THE FIRST STEP OF THE PARTIES' NEGOTIATED GRIEVANCE
 PROCEDURE ON THE GROUND THAT THE MATTER WAS NONGRIEVABLE, BECAUSE IT WAS
 SPECIFICALLY EXCLUDED FROM GRIEVANCE PROCEDURE COVERAGE BY SECTION
 7121(C)(2) OF THE STATUTE.  /1/ ON APPEAL AT THE SECOND STEP OF THE
 GRIEVANCE PROCEDURE, IT FURTHER APPEARS THAT THE AGENCY ADVISED THE
 UNION THAT SINCE THE DETERMINATION THAT THE MATTER WAS NONGRIEVABLE WAS
 BASED ON THE AGENCY'S VIEW THAT IT WAS NONNEGOTIABLE, THE UNION'S
 RECOURSE, IN ACCORDANCE WITH SECTION G(1) OF THE PARTIES' AGREEMENT, /2/
 WAS NOT TO THE SECOND LEVEL OFFICIAL, BUT RATHER, TO THE FEDERAL LABOR
 RELATIONS AUTHORITY.  THE