FLRA.gov

U.S. Federal Labor Relations Authority

Search form

International Federation of Professional and Technical Engineers, Local 4 (Union) and Department of the Navy, Portsmouth Naval Shipyard, Portsmouth, New Hampshire 



[ v06 p281 ]
06:0281(49)NG
The decision of the Authority follows:


 6 FLRA No. 49
 
 INTERNATIONAL FEDERATION OF
 PROFESSIONAL AND TECHNICAL
 ENGINEERS, LOCAL 4
 (Union)
 
 and
 
 DEPARTMENT OF THE NAVY,
 PORTSMOUTH NAVAL SHIPYARD
 PORTSMOUTH, NEW HAMPSHIRE
 (Activity)
 
                                            Case No. O-NG-483
 
                          ORDER DISMISSING APPEAL
 
    ON MAY 7, 1981, THE INTERNATIONAL FEDERATION OF PROFESSIONAL AND
 TECHNICAL ENGINEERS, LOCAL 4 (THE UNION) FILED A PETITION FOR REVIEW
 WITH THE AUTHORITY IN THE ABOVE-ENTITLED CASE PURSUANT TO SECTION 2424.1
 OF THE AUTHORITY'S RULES AND REGULATIONS (5 C.F.R.  2424.1(1980)) AND
 SECTION 7105(A)(2)(E) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
 STATUTE (5 U.S.C. 7101 ET SEQ.).  FOR THE REASONS INDICATED BELOW, THE
 UNION'S PETITION FOR REVIEW MUST BE DISMISSED.
 
    AS PRESENTED IN THE UNION'S APPEAL, THE ESSENCE OF THE PARTIES'
 DISPUTE INVOLVES THE PLANNED SHUTDOWN OF THE SHIPYARD OVER CERTAIN TIME
 PERIODS, AND THAT THE EMPLOYEES BE REQUIRED TO USE ANNUAL LEAVE TO COVER
 THE SHUTDOWN PERIOD.  HOWEVER, IT APPEARS THAT THE UNION HAS NOT
 PROPOSED SPECIFIC LANGUAGE FOR NEGOTIATION.  WITHOUT SUCH SPECIFIC
 LANGUAGE, IT IS IMPOSSIBLE TO DETERMINE THE CONSISTENCY OF A PROPOSAL
 WITH LAWS, REGULATIONS OR THE STATUTE.  THUS, THE INSTANT MATTER IN
 DISPUTE IS NOT SUFFICIENTLY DELINEATED SUCH AS TO PROVIDE A BASIS FOR A
 NEGOTIABILITY DETERMINATION.  IN THIS REGARD, IT IS WELL ESTABLISHED
 THAT A PETITION FOR REVIEW OF A NEGOTIABILITY ISSUE WHICH DOES NOT
 PRESENT A PROPOSAL SUFFICIENTLY SPECIFIC AND DELIMITED IN FORM AND
 CONTENT AS TO PERMIT THE AUTHORITY TO RENDER A NEGOTIABILITY DECISION
 THEREON DOES NOT MEET THE CONDITIONS FOR REVIEW SET FORTH IN SECTION
 7117 OF THE STATUTE AND SECTION 2424.1 OF THE AUTHORITY'S RULES AND
 REGULATIONS.  ASSOCIATION OF CIVILIAN TECHNICIANS, ALABAMA ACT AND STATE
 OF ALABAMA NATIONAL GUARD, CASE NO. O-NG-27, 2 FLRA NO. 39(1979).
 
    IN THE INSTANT CASE, THE PROPOSAL IS NOT SUFFICIENTLY SPECIFIC AND
 DELIMITED IN FORM AND CONTENT AT THIS TIME TO PERMIT THE AUTHORITY TO
 RENDER A NEGOTIABILITY DECISION.
 
    ACCORDINGLY, FOR THE REASONS STATED HEREIN, AND APART FROM OTHER
 CONSIDERATIONS,
 
    IT IS HEREBY ORDERED THAT THE INSTANT APPEAL BE, AND IT HEREBY IS,
 DISMISSED.
 
    FOR THE AUTHORITY.
 
    ISSUED, WASHINGTON, D.C., JULY 15, 1981
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR