Department of Health and Human Services, Social Security Administration (Respondent) and American Federation of Government Employees, Local 1346, AFL-CIO (Charging Party) 



[ v06 p202 ]
06:0202(33)CA
The decision of the Authority follows:


 6 FLRA No. 33
 
 DEPARTMENT OF HEALTH AND HUMAN
 SERVICES, /1/ SOCIAL SECURITY
 ADMINISTRATION
 Respondent
 
 and
 
 LOCAL 1346, AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, AFL-CIO
 Charging Party
 
                                            Case No. 5-CA-330
 
                            DECISION AND ORDER
 
    THIS MATTER IS BEFORE THE AUTHORITY PURSUANT TO THE REGIONAL
 DIRECTOR'S "ORDER TRANSFERRING CASE TO THE FEDERAL LABOR RELATIONS
 AUTHORITY" IN ACCORDANCE WITH SECTION 2429.1(A) OF THE AUTHORITY'S RULES
 AND REGULATIONS (5 CFR 2429.1(A)).
 
    UPON CONSIDERATION OF THE ENTIRE RECORD IN THIS CASE, INCLUDING THE
 PARTIES' STIPULATION OF FACTS;  ACCOMPANYING EXHIBITS;  AND BRIEFS
 SUBMITTED BY THE RESPONDENT, THE CHARGING PARTY AND THE GENERAL COUNSEL,
 THE AUTHORITY FINDS:
 
    ON JULY 21, 1978, THE CHARGING PARTY AND THE RESPONDENT'S MILWAUKEE
 NORTH DISTRICT OFFICE (THE ACTIVITY) ENTERED INTO A COLLECTIVE
 BARGAINING AGREEMENT OF 3 YEARS' DURATION WHICH CONTAINED A PROVISION
 ALLOWING EITHER PARTY TO REOPEN THE AGREEMENT DURING THE 60-90 DAY
 PERIOD PRIOR TO THE 18 MONTH MID-POINT THEREOF FOR THE PURPOSE OF
 RENEGOTIATING UP TO ONE-THIRD OF THE ARTICLES IN THAT AGREEMENT.  ON
 AUGUST 30, 1979, THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
 AFL-CIO (AFGE) WAS CERTIFIED AS THE EXCLUSIVE REPRESENTATIVE FOR A
 CONSOLIDATED NATIONWIDE UNIT CONSISTING OF 211 PREVIOUSLY SEPARATE UNITS
 WITHIN THE SOCIAL SECURITY ADMINISTRATION, INCLUDING THE BARGAINING UNIT
 (REPRESENTED BY THE CHARGING PARTY) AT THE ACTIVITY COVERED BY THE
 AGREEMENT REFERRED TO ABOVE.  THEREAFTER, WHILE NEGOTIATIONS AT THE
 NATIONAL LEVEL WERE IN PROGRESS, THE CHARGING PARTY REQUESTED BARGAINING
 WITH THE ACTIVITY PURSUANT TO THE TERMS OF THE REOPENER CONTAINED IN THE
 LOCAL AGREEMENT.  THE ACTIVITY REFUSED, CITING THE NATIONWIDE
 CONSOLIDATION.  SUBSEQUENT REQU