Federal Union of Scientists and Engineers, National Association of Government Employees (Union) and Naval Underwater Systems Center, Headquarters, Newport, Rhode Island (Activity)

 



[ v07 p290 ]
07:0290(44)NG
The decision of the Authority follows:


 7 FLRA No. 44
 
 FEDERAL UNION OF SCIENTISTS AND ENGINEERS,
 NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES
 (Union)
 
 and
 
 NAVAL UNDERWATER SYSTEMS CENTER,
 HEADQUARTERS, NEWPORT, RHODE ISLAND
 (Activity)
 
                                            Case No. O-NG-591
 
                   ORDER DISMISSING PETITION FOR REVIEW
 
    ON OCTOBER 22, 1981, THE FEDERAL UNION OF SCIENTISTS AND ENGINEERS
 (THE UNION) FILED A PETITION FOR REVIEW WITH THE AUTHORITY'S BOSTON
 REGIONAL OFFICE /1/ IN THE ABOVE-ENTITLED CASE PURSUANT TO SECTION
 7105(A)(2)(E) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE
 (5 U.S.C. 7101 ET SEQ.) AND SECTION 2424.1 OF THE AUTHORITY'S RULES AND
 REGULATIONS (5 C.F.R. 2424.1(1981)).  THE PETITION FOR REVIEW WAS
 FORWARDED BY THE REGIONAL OFFICE TO THE AUTHORITY'S NATIONAL OFFICE IN
 WASHINGTON, D.C.  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 IS WHETHER THE APPEAL PROCEDURE FOR CITA DECISIONS TO CONTRACT
 OUT IS NEGOTIABLE.  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 THE 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, 2
 FLRA 313(1979).
 
    IN THE INSTANT CASE, THE PROPOSAL IS NOT SUFFICIENTLY 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., DECEMBER 4, 1981
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR
 
 
 
 
 
 --------------- FOOTNOTES: ---------------
 
 
    /1/ SECTION 2429.24 OF THE AUTHORITY'S REGULATIONS PROVIDES THAT
 DOCUMENTS FILED WITH THE AUTHORITY SHOULD BE FILED IN THE AUTHORITY'S
 NATIONAL OFFICE IN WASHINGTON.