National Federation of Federal Employees, Local 1454 (Union) and U.S. Veterans Administration, Regional Office, Houston, Texas (Activity) 



[ v06 p572 ]
06:0572(104)NG
The decision of the Authority follows:


 6 FLRA No. 104
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 1454
 (Union)
 
 and
 
 U.S. VETERANS ADMINISTRATION
 REGIONAL OFFICE, HOUSTON, TEXAS
 (Activity)
 
                                            Case No. O-NG-379
 
                          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 FILED BY THE UNION.  FOR THE REASONS
 INDICATED BELOW, THE UNION'S APPEAL MUST BE DISMISSED.
 
    IT APPEARS FROM THE UNION'S APPEAL THAT THE UNION SOUGHT TO NEGOTIATE
 ON THE IMPACT OF THE ACTIVITY'S SELECTION OF CERTAIN EMPLOYEES TO
 REPRESENT THE AGENCY IN MEXICO.  THE ACTIVITY DECLINED TO NEGOTIATE,
 INFORMING THE UNION THAT THE MATTER WAS NOT "A SUBJECT FOR NEGOTIATION
 UNDER OUR CONTRACT OR CURRENT LAW." THE ACTIVITY FURTHER INFORMED THE
 UNION IN ITS RESPONSE TO THE UNION'S REQUEST THAT THE UNION SHOULD
 ADVISE THE ACTIVITY OF ANY PROVISION IN EITHER THE PARTIES' AGREEMENT OR
 LAW WHICH THE UNION BELIEVED MANDATED BARGAINING ON THE MATTER AND THE
 ACTIVITY WOULD REVIEW SUCH PROVISION.  THE ACTIVITY APPARENTLY THEN
 IMPLEMENTED ITS SELECTION DECISION AND THE UNION FILED THE INSTANT
 PETITION FOR REVIEW WITH THE AUTHORITY.  /1/
 
    THE CIRCUMSTANCES