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

 



[ v06 p473 ]
06:0473(88)NG
The decision of the Authority follows:


 6 FLRA No. 88
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, AFL-CIO,
 LOCAL 1858
 (Union)
 
 and
 
 U.S. ARMY MISSILE COMMAND,
 REDSTONE ARSENAL, ALABAMA
 (Activity)
 
                                            Case No. O-NG-345
 
                          ORDER DISMISSING APPEAL
 
    THIS CASE IS BEFORE THE AUTHORITY PURSUANT TO SECTION 7105(A)(2)(E)
 OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C. 7101
 ET SEQ.) ON A PETITION FOR REVIEW OF A NEGOTIABILITY ISSUE FILED BY THE
 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1858 (THE UNION).
 FOR THE REASONS INDICATED BELOW, THE UNION'S PETITION MUST BE DISMISSED.
 
    THE RECORD BEFORE THE AUTHORITY DISCLOSES THAT DURING THE TERM OF THE
 SEVEN NEGOTIATED AGREEMENTS BETWEEN THE PARTIES, THE UNION SUBMITTED TWO
 PROPOSALS TO THE ACTIVITY.  THE FIRST PROPOSAL DEALT WITH EMPLOYEE PAY
 STATUS DURING DISCIPLINARY SUSPENSION OR REMOVAL;  THE SECOND DEFINED
 "OTHER STATUS" AS USED IN AN EMPLOYEE'S BASIC JOB DESCRIPTION.  THE
 UNION CONTENDED IT WAS SEEKING TO DISCUSS AND CONSULT WITH THE ACTIVITY
 AND NEGOTIATE THESE PROPOSALS INTO THE EXISTING SEVEN AGREEMENTS.  THE
 ACTIVITY CONTENDED THAT THERE WAS NO OBLIGATION TO NEGOTIATE ON THE
 PROPOSALS BECAUSE THE PARTIES WERE NOT INVOLVED IN NEGOTIATION OF A
 COLLECTIVE BARGAINING AGREEMENT AND NO CHANGE IN LOCAL PAST PRACTICE AND
 CONDITIONS OF EMPLOYMENT HAD OCCURRED.
 
    IT APPEARS THAT THE ESSENCE OF THE DISPUTE BETWEEN THE PARTIES IN
 THIS CASE CONCERNS THE NATURE AND EXTENT OF THE UNDERLYING OBLIGATION TO
 BARGAIN, NOT WHETHER THE UNION'S PROPOSALS ARE NEGOTIABLE.  IT IS WELL
 ESTABLISHED THAT THE PROPER FORUM IN WHICH TO RESOLVE SUCH ISSUES IS NOT
 A NEGOTIABILITY APPEAL BUT, RATHER, AN UNFAIR LABOR PRACTICE PROCEEDING
 PURSUANT TO SECTION 7118 OF THE STATUTE.  IN THIS REGARD, RESOLUTION OF
 THE INSTANT DISPUTE MAY BE DEPENDENT UPON RESOLUTION OF FACTUAL ISSUES
 RELATED TO THE PARTIES' CONDUCT.  SUCH FACTUAL DETERMINATIONS CAN BE
 BEST ACCOMPLISHED THROUGH THE INVESTIGATORY AND FORMAL HEARING
 PROCEDURES SET FORTH IN PART 2423 OF THE AUTHORITY'S RULES AND
 REGULATIONS WHICH GOVERN UNFAIR LABOR PRACTICE PROCEEDINGS.  (SEE
 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 32 AND
 OFFICE OF PERSONNEL MANAGEMENT, WASHINGTON, D.C., 6 FLRA NO. 15(1981)
 AND CASES CITED THEREIN.)
 
    BASED ON THE FOREGOING, THE NEGOTIABILITY APPEAL IN THE INSTANT CASE
 DOES NOT PRESENT ISSUES WHICH THE AUTHORITY CAN APPROPRIATELY RESOLVE AT
 THIS TIME UNDER SECTION 7117 OF THE STATUTE AND PART 2424 OF ITS RULES
 AND REGULATIONS.  ACCORDINGLY, WITHOUT PASSING ON THE MERITS OF THE
 DISPUTE,
 
    IT IS HEREBY ORDERED THAT THE INSTANT APPEAL BE, AND IT HEREBY IS,
 DISMISSED.
 
    FOR THE AUTHORITY.
 
    ISSUED, WASHINGTON, D.C., AUGUST 31, 1981
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR