Washington Area Metal Trades Council, AFL-CIO (Union) and Naval Research Laboratory, Washington, DC (Activity)

 

 5 FLRA No. 79
 
 WASHINGTON AREA METAL
 TRADES COUNCIL, AFL-CIO
 (Union)
 
 and
 
 NAVAL RESEARCH LABORATORY,
 WASHINGTON, D.C.
 (Activity)
 
                                            Case No. 0-NG-292
 
                   ORDER DISMISSING NEGOTIABILITY APPEAL
 
    THIS CASE COMES BEFORE THE FEDERAL LABOR RELATIONS AUTHORITY PURSUANT
 TO SECTION 7105(A)(2)(E) OF THE FEDERAL SERVICE LABOR-MANAGEMENT STATUTE
 (5 U.S.C. 7101 ET SEQ.  (SUPP. III 1979)).
 
    THE BASIC FACTS, AS SET FORTH IN THE RECORD, ARE THAT THE LOCAL
 PARTIES EXECUTED A NEGOTIATED AGREEMENT ON OR BEFORE FEBRUARY 13, 1980,
 AND SUBMITTED IT TO THE AGENCY FOR REVIEW AND APPROVAL IN ACCORDANCE
 WITH SECTION 7114(C) OF THE STATUTE;  AND THAT BY LETTER SERVED UPON THE
 UNION ON MARCH 25, 1980, THE AGENCY NOTIFIED THE UNION THAT IT HAD
 DISAPPROVED A NUMBER OF PROVISIONS OF THAT AGREEMENT.  THUS, THE
 AGENCY'S DISAPPROVAL WAS SERVED ON THE UNION MORE THAN 30 DAYS AFTER THE
 DATE 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.
 
    (2) THE HEAD OF THE AGENCY SHALL APPROVE THE AGREEMENT WITHIN 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 APP