American Federation of Government Employees, Local 1753 (Union) and Department of the Air Force, Myrtle Beach Air Force Base, South Carolina (Agency)

 



[ v08 p152 ]
08:0152(30)NG
The decision of the Authority follows:


 8 FLRA No. 30
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 1753
 Union
 
 and
 
 DEPARTMENT OF THE AIR FORCE,
 MYRTLE BEACH AIR FORCE BASE,
 SOUTH CAROLINA
 Agency
 
                                            Case No. 0-NG-448
 
                   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).
 UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE PARTIES'
 CONTENTIONS, THE AUTHORITY MAKES THE FOLLOWING DETERMINATIONS.
 
    THE RECORD INDICATES THAT THE PARTIES HEREIN ON NOVEMBER 5, 1980
 EXECUTED A NEGOTIATED AGREEMENT WHICH WAS SUBMITTED TO DEPARTMENT OF THE
 AIR FORCE, HEADQUARTERS, TACTICAL AIR COMMAND FOR REVIEW AND APPROVAL IN
 ACCORDANCE WITH SECTION 7114(C) OF THE STATUTE.  /1/ THE TACTICAL AIR
 COMMAND, BY LETTER DATED DECEMBER 1, 1980, ADVISED THE AGENCY HEREIN
 THAT IT HAD DISAPPROVED A NUMBER OF CONTRACTUAL PROVISIONS BECAUSE OF
 CLAIMED CONFLICTS WITH LEGAL AND REGULATORY REQUIREMENTS. THE AGENCY
 RECEIVED THE TACTICAL AIR COMMAND LETTER ON DECEMBER 4, 1980 AND ON THAT
 DATE INFORMED THE UNION BY TELEPHONE OF ITS CONTENTS.  THE UNION DID NOT
 RECEIVE THE LETTER OF DISAPPROVAL UNTIL IT PICKED UP A COPY ON DECEMBER
 9, 1980, OR 34 DAYS AFTER THE NEGOTIATED AGREEMENT WAS EXECUTED.
 THEREAFTER, THE UNION FILED THE INSTANT PETITION FOR REVIEW.
 
    THE FACTS AND CIRCUMSTANCES HEREIN ARE NOT MATERIALLY DIFFERENT FROM
 THOSE DESCRIBED IN NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 1332
 AND DEPARTMENT OF THE ARMY HEADQUARTERS, U.S. ARMY MATERIEL DEVELOPMENT
 AND READINESS COMMAND, 5 FLRA NO. 80(1981).  IN THE CITED CASE, AS HERE,
 THE AGENCY HEAD HAD FAILED TO TIMELY SERVE NOTICE ON THE UNION IN
 WRITING OF ITS DISAPPROVAL OF CONTRACT PROVISIONS WITHIN 30 DAYS OF THE
 DATE THE AGREEMENT WAS EXECUTED BY THE PARTIES.  THE AUTHORITY, STATING
 THAT, ABSENT TIMELY SERVICE OF THE DISAPPROVAL, THE AGREEMENT BECOMES
 EFFECTIVE ON THE 31ST DAY AND IS BINDING ON THE PARTIES, SUBJECT TO
 APPLICABLE LAW, RULE, OR REGULATION, HELD THAT THE AGENCY'S UNTIMELY
 DISAPPROVAL RAISES NO NEGOTIABILITY DISPUTE WHICH IS COGNIZABLE UNDER
 SECTION 7117 OF THE STATUTE.  THE INSTANT DISPUTE IS, FOR THE REASONS
 FULLY SET FORTH IN THE MATERIEL DEVELOPMENT AND READINESS COMMAND
 DECISION, ALSO INAPPROPRIATE FOR RESOLUTION UNDER SECTION 7117(C).
 
    ACCORDINGLY, IT IS ORDERED THAT THE UNION'S PETITION FOR REVIEW BE,
 AND IT HEREBY IS, DISMISSED.  FOR THE AUTHORITY.
 
    ISSUED, WASHINGTON, D.C., FEBRUARY 19, 1982
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR
 
 
 
 
 
 --------------- FOOTNOTES: ---------------
 
 
    /1/ SECTION 7114(C) PROVIDES, IN PERTINENT PART:
 
    (C)(1) AN AGREEMENT BETWEEN ANY AGENCY AND AN EXCLUSIVE
 REPRESENTATIVE SHALL BE SUBJECT TO
 
    APPROVAL BY THE HEAD OF THE AGENCY.
 
    (2) THE HEAD OF THE AGENCY SHALL APPROVE THE AGREEMENT WITHIN 30 DAYS
 FROM THE DATE THE
 
    AGREEMENT IS EXECUTED IF THE AGREEMENT IS IN ACCORDANCE WITH THE
 PROVISIONS OF THIS CHAPTER
 
    AND ANY OTHER APPLICABLE LAW, RULE, OR REGULATION (UNLESS THE AGENCY
 HAS GRANTED AN EXCEPTION
 
    TO THE PROVISION).
 
    (3) IF THE HEAD OF THE AGENCY DOES NOT APPROVE OR DISAPPROVE THE
 AGREEMENT WITHIN THE
 
    30-DAY PERIOD, THE AGREEMENT SHALL TAKE EFFECT AND SHALL BE BINDING
 ON THE AGENCY AND THE
 
    EXCLUSIVE REPRESENTATIVE SUBJECT TO THE PROVISIONS OF THIS CHAPTER
 AND ANY OTHER APPLICABLE
 
    LAW, RULE, OR REGULATION.