Department of the Treasury, Internal Revenue Service (Activity) and National Treasury Employees Union (Union)



[ v07 p610 ]
07:0610(94)NG
The decision of the Authority follows:


 7 FLRA No. 94
 
 DEPARTMENT OF THE TREASURY,
 INTERNAL REVENUE SERVICE
 (Activity)
 
 and
 
 NATIONAL TREASURY EMPLOYEES UNION
 (Union)
 
                                            Case No. O-NG-296
 
                          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
 UNION.  FOR THE REASONS INDICATED BELOW, THE PETITION MUST BE DISMISSED.
 
    THE RECORD BEFORE THE AUTHORITY DISCLOSES THAT DURING THE COURSE OF
 NEGOTIATIONS RELATED TO THE ACTIVITY'S PROPOSED "PRIORITY PLACEMENT
 PROGRAM," THE ACTIVITY MAINTAINED THAT A UNION PROPOSAL CONCERNING THE
 SELECTION OF EMPLOYEES FOR SUCH PLACEMENT WAS NONNEGOTIABLE.  HOWEVER,
 THE PARTIES BARGAINING RESULTED IN AN AGREEMENT ON A NUMBER OF ISSUES
 AND THE AGREEMENT INCLUDED THE FOLLOWING CLAUSE (SECTION 8A):
 
    THE UNION MAY REOPEN THE NEGOTIATION OF THIS AGREEMENT ANYTIME DURING
 THE MONTH OF MARCH,
 
    1982 TO ADDRESS THE SELECTION PROCEDURES AND CRITERIA OF ELIGIBLE
 EMPLOYEES . . .
 
    AFTER THE AGREEMENT WAS SIGNED BY THE UNION BUT PRIOR TO ITS
 EXECUTION BY THE ACTIVITY, THE ACTIVITY PROVIDED THE UNION WITH A
 WRITTEN ALLEGATION OF NONNEGOTIABLITY AS TO THE DISPUTED PROPOSAL.  IN
 THAT INTERIM PERIOD, THE ACTIVITY ALSO P