American Federation of Government Employees, Local 1858, AFL-CIO (Union) and Army Missile Command, Redstone Arsenal, Alabama (Activity) 

 



[ v04 p361 ]
04:0361(47)NG
The decision of the Authority follows:


 4 FLRA No. 47
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 1858
 (Union)
 
 and
 
 U.S. ARMY MISSILE COMMAND,
 REDSTONE ARSENAL, ALABAMA
 (Activity)
 
                                            Case No. O-NG-268
 
                   ORDER DISMISSING 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. (SUPP. II
 1978)).
 
    THE BASIC FACTS, AS SET FORTH IN THE RECORD, ARE THAT THE LOCAL
 PARTIES EXECUTED A NEGOTIATED AGREEMENT ON NOVEMBER 27, 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 DECEMBER 28,
 1979, APPARENTLY SERVED UPON THE UNION IN PERSON, THE AGENCY NOTIFIED
 THE UNION THAT IT HAD DISAPPROVED A NUMBER OF PROVISIONS OF THAT
 AGREEMENT.  THUS, THE AGREEMENT WAS EXECUTED BY THE LOCAL PARTIES ON
 NOVEMBER 27, 1979, AND THE AGENCY'S DISAPPROVAL WAS SERVED ON THE UNION
 IN PERSON ON DECEMBER 28, 1980, OR 31 DAYS AFTER THE AGREEMENT WAS
 EXECUTED.
 
    SECTION 7114(C) OF THE STATUTE PROVIDES IN PERTINENT PART:
 
    (C)(1) AN AGREEMENT BETWEEN ANY AGENCY AND AN EXCLUSIVE
 REPRESENTATIVE SHALL BE SUBJECT TO
 
    APPROVAL BY THE HEAD OF AN AGENCY.  THE GENERAL COUNSEL AND FOR THE
 RESPONDENT HAVE TIMELY MAILED
 
    30 DAYS FROM THE DATE THE AGREEMENT IS EXECUTED IF THE AGREEMENT IS
 IN ACCORDANCE WITH THE
 
    PROVISIONS OF THIS CHAPTER AND ANY OTHER APPLICABLE LAW, RULE, OR
 REGULATION (UNLESS THE
 
    AGENCY HAS GRANTED AN EXCEPTION TO THE PROVISION).
 
    (3) IF THE HEAD OF THE AGENCY DOES NOT APPROVE OR DISAPPROVE THE
 AGREEMENT WITHIN THE
 
    30-DAY PERIOD, THE AGREEMENT SHALL TAKE EFFECT AND SHALL BE BINDING
 ON THE AGENCY AND THE
 
    EXCLUSIVE REPRESENTATIVE SUBJECT TO THE PROVISIONS OF THIS CHAPTER
 AND ANY OTHER APPLICABLE
 
    LAW, RULE, OR REGULATION.
 
    THUS, UNDER SECTION 7114(C)(3) OF THE STATUTE, AN AGREEMENT WHICH HAS
 NOT BEEN APPROVED OR DISAPPROVED BY THE AGENCY INVOLVED WITHIN 30 DAYS
 AFTER ITS EXECUTION BECOMES EFFECTIVE AND BINDING ON THE PARTIES ON THE
 31ST DAY, WITHOUT THE APPROVAL OF THE AGENCY, SUBJECT ONLY TO THE
 REQUIREMENTS OF THE STATUTE AND ANY OTHER APPLICABLE LAW, RULE OR
 REGULATION.
 
    IN THIS CASE, AS PREVIOUSLY INDICATED, THE PARTIES' NEGOTIATED
 AGREEMENT WAS EXECUTED ON NOVEMBER 27, 1979, AND SUBMITTED FOR AGENCY
 REVIEW AND APPROVAL.  HOWEVER, THE AGENCY'S DISAPPROVAL WAS NOT SERVED
 ON THE UNION UNTIL DECEMBER 28, 1979, OR 31 DAYS AFTER THE AGREEMENT WAS
 EXECUTED AND SUBMITTED FOR APPROVAL.  THEREFORE, UNDER SECTION
 7114(C)(3) OF THE S