National Federation of Federal Employees, Local 1940 (Union) and Department of the Air Force, Headquarters, 3201st Air Base Group, Eglin Air Force Base, Florida (Agency) 

 



[ v07 p721 ]
07:0721(113)NG
The decision of the Authority follows:


 7 FLRA No. 113
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 1940
 Union
 
 and
 
 DEPARTMENT OF THE AIR FORCE
 HEADQUARTERS, 3201ST AIR BASE GROUP
 EGLIN AIR FORCE BASE, FLORIDA
 Agency
 
                                            Case No. O-NG-295
 
                DECISION AND ORDER ON NEGOTIABILITY APPEAL
 
    THE PETITION FOR REVIEW IN THIS CASE COMES BEFORE THE FEDERAL LABOR
 RELATIONS AUTHORITY PURSUANT TO SECTION 7105(A)(2)(E) OF THE FEDERAL
 SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE).  UPON CAREFUL
 CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE PARTIES CONTENTIONS,
 THE AUTHORITY MAKES THE FOLLOWING DETERMINATIONS.
 
    THE RECORD INDICATES THAT THE UNION SOUGHT TO NEGOTIATE PROPOSALS
 CONCERNING CHANGES BEING MADE BY THE AGENCY IN ITS PROCEDURES FOR
 ALLOCATING CERTAIN PARKING SPACES.  THE AGENCY DECLINED TO NEGOTIATE
 INFORMING THE UNION THAT IT "HAD NO OBLIGATION TO BARGAIN THE PROCEDURES
 INCIDENT TO THIS CHANGE SINCE THE ONLY PERSONNEL AFFECTED BY THE CHANGE
 ARE THOSE OUTSIDE YOUR BARGAINING UNIT."
 
    THE CIRCUMSTANCES HEREIN DO NOT GIVE RISE TO A NEGOTIABILITY DISPUTE
 WHICH THE AUTHORITY MAY PROPERLY REVIEW AT THIS TIME PURSUANT TO SECTION
 7117 OF THE STATUTE.  THUS, IT APPEARS THAT THE ESSENCE OF THE DISPUTE
 BETWEEN THE PARTIES CONCERNS THE QUESTION OF THE AGENCY'S OBLIGATION TO
 BARGAIN AND NOT THE NEGOTIABILITY OF THE PARTICULAR PROPOSALS INVOLVED.
 IT IS NOW WELL ESTABLISHED THAT THE PROPER FORUM IN WHICH TO RESOLVE
 SUCH A QUESTION IS NOT A NEGOTIABILITY CASE BUT, RATHER, AN UNFAIR LABOR
 PRACTICE PROCEEDING PURSUANT TO SECTION 7118 OF THE STATUTE AND PART
 2423 OF THE AUTHORITY'S RULES AND REGULATIONS.  SEE, E.G., 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.  IN THAT REGARD, RESOLUTION OF THE INSTANT DISPUTE MAY BE
 DEPENDENT UPON THE RESOLUTION OF FACTUAL ISSUES RELATING TO THE PARTIES'
 CONDUCT.  SUCH FACTUAL DETERMINATIONS SHOULD BE ACCOMPLISHED THROUGH USE
 OF INVESTIGATORY AND FORMAL HEARING PROCEDURES ESTABLISHED UNDER THE
 STATUTE AND THE AUTHORITY'S RULES AND REGULATIONS.
 
    ACCORDINGLY, APART FROM OTHER CONSIDERATIONS, PURSUANT TO SECTION
 2424.10 OF THE AUTHORITY'S RULES AND REGULATIONS (5 CFR 2424.10(1918)),
 IT IS ORDERED THAT THE UNION'S PETITION FOR REVIEW BE, AND IT HEREBY IS,
 DISMISSED WITHOUT PREJUDICE TO THE UNION'S RIGHT TO RESUBMIT TO THE
 AUTHORITY ANY NEGOTIABILITY DISPUTE WHICH REMAINS CONCERNING THE UNION'S
 PROPOSALS, AFTER RESORTING TO THE PROCEDURES DISCUSSED ABOVE.
 
    ISSUED, WASHINGTON, D.C., JANUARY 22, 1982
 
                       RONALD W, HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY