National Federation of Federal Employees, Local 1505 (Union) and Department of the Interior, National Park Service, Roosevelt-Vanderbilt National Historical Site, Hyde Park, New York (Agency) 

 



[ v07 p608 ]
07:0608(93)NG
The decision of the Authority follows:


 7 FLRA No. 93
 
 NATIONAL FEDERATION OF
 FEDERAL EMPLOYEES, LOCAL 1505
 Union
 
 and
 
 DEPARTMENT OF THE INTERIOR,
 NATIONAL PARK SERVICE,
 ROOSEVELT-VANDERBILT NATIONAL
 HISTORICAL SITE, HYDE PARK,
 NEW YORK
 Agency
 
                                            Case No. O-NG-143
 
                   ORDER DISMISSING NEGOTIABILITY APPEAL
 
    THE PETITION FOR REVIEW IN THIS CASE COMES BEFORE THE FEDERAL LABOR
 RELATIONS AUTHORITY (THE AUTHORITY) PURSUANT TO SECTION 7105(A)(2)(E) OF
 THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE),
 AND RAISES A THRESHOLD PROCEDURAL QUESTION.  MORE SPECIFICALLY, THE
 AGENCY CLAIMS THAT THE PETITION FOR REVIEW IS NOT TIMELY.  THE AUTHORITY
 AGREES.
 
    IT IS WELL ESTABLISHED THAT THE AGENCY HEAD'S DISAPPROVAL OF A
 PROVISION IN A LOCALLY NEGOTIATED AGREEMENT PURSUANT TO A REVIEW UNDER
 SECTION 7114(C) OF THE STATUTE IS AN ALLEGATION OF NONNEGOTIABILITY FOR
 PURPOSES OF APPEAL TO THE AUTHORITY.  SEE E.G., AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 1052 AND UNITED STATES ARMY
 ENGINEER CENTER, FORT BELVOIR, VIRGINIA, 6 FLRA NO. 82(1981).  FURTHER
 IN THAT REGARD, THE SUBMISSION OF THE AGREEMENT TO THE AGENCY HEAD FOR
 THE AGENCY HEAD'S APPROVAL IN ACCORDANCE WITH SECTION 7114(C) OF THE
 STATUTE SERVES AS THE WRITTEN REQUEST FOR AN ALLEGATION OF
 NONNEGOTIABILITY PURSUANT TO SECTION 2424.3 OF THE AUTHORITY'S RULES AND
 REGULATIONS.  SEE ASSOCIATION OF CIVILIAN TECHNICIANS, INC.,
 PENNSYLVANIA STATE COUNCIL AND THE ADJUTANT GENERAL, DEPARTMENT OF
 MILITARY AFFAIRS, COMMONWEALTH OF PENNSYLVANIA, 7 FLRA NO. 52(1981);
 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO AND AIR FORCE
 LOGISTICS COMMAND, WRIGHT-PATTERSON AIR FORCE BASE, OHIO, 5 FLRA NO. 15
 (1981).  THE AGENCY HEAD'S DISAPPROVAL WAS SERVED ON THE UNION ON JULY
 10, 1979.  THEREFORE, THE UNION'S PETITION SHOULD HAVE BEEN FILED NO
 LATER THAN JULY 25, 1979, IN ACCORDANCE WITH SECTION 2424.3 OF THE
 AUTHORITY'S RULES AND REGULATIONS.  SINCE THE PETITION FOR REVIEW WAS
 FILED ON AUGUST 6, 1979, IT IS NOT TIMELY.
 
    ACCORDINGLY, PURSUANT TO SECTION 2424.10 OF THE AUTHORITY'S RULES AND
 REGULATIONS (CFR 2424.10(1981)), IT IS ORDERED THAT THE PETITION FOR
 REVIEW BE, AND IT HEREBY IS, DISMISSED.
 
    FOR THE AUTHORITY.
 
    ISSUED, WASHINGTON, D.C., JANUARY 7, 1982
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR