National Federation of Federal Employees, Local 1332 (Union) and Department of the Army, Headquarters, Army Materiel Development and Readiness Command (Activity) 

 

 5 FLRA No. 80
 
 NATIONAL FEDERATION OF
 FEDERAL EMPLOYEES, LOCAL 1332
 (Union)
 
 and
 
 DEPARTMENT OF THE ARMY
 HEADQUARTERS, U.S. ARMY
 MATERIEL DEVELOPMENT AND
 READINESS COMMAND
 (Activity)
 
                                            Case No. 0-NG-455
 
                   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 (THE STATUTE) (5 U.S.C. 7101 ET
 SEQ.).
 
    THE BASIC FACTS, AS SET FORTH IN THE RECORD, ARE THAT THE LOCAL
 PARTIES (NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 1332 AND
 DEPARTMENT OF THE ARMY, HEADQUARTERS, U.S. ARMY MATERIEL DEVELOPMENT AND
 READINESS COMMAND) EXECUTED A NEGOTIATED AGREEMENT ON JANUARY 14, 1981,
 AND SUBMITTED IT TO THE DEPARTMENT OF THE ARMY FOR REVIEW AND APPROVAL
 IN ACCORDANCE WITH SECTION 7114(C) OF THE STATUTE;  AND THAT BY A
 TELEPHONE CALL ON FEBRUARY 12, 1981, THE MATERIEL DEVELOPMENT AND
 READINESS COMMAND NOTIFIED LOCAL 1332 THAT THE DEPARTMENT OF THE ARMY
 HAD ISSUED A LETTER DISAPPROVING A NUMBER OF PROVISIONS OF THE
 COLLECTIVE BARGAINING AGREEMENT AS BEING INCONSISTENT WITH APPLICABLE
 LAW.  ON MARCH 11, 1981, THE MATERIEL READINESS AND DEVELOPMENT COMMAND
 ISSUED A LETTER TO THE UNION IN WHICH SPECIFIC SECTIONS OF THE
 NEGOTIATED AGREEMENT THAT WERE NOT ACCEPTABLE TO THE ARMY WERE
 IDENTIFIED.  THIS WRITTEN NOTICE TO THE UNION WAS THUS DATED FIFTY-SIX
 DAYS AFTER THE COLLECTIVE BARGAINING AGREEMENT WAS SIGNED, ON JANUARY
 14, 1981.
 
    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
 F