09:0541(64)NG - NAGE Local R14-87 and NG Bureau -- 1982 FLRAdec NG



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09:0541(64)NG
The decision of the Authority follows:


 9 FLRA No. 64
 
 NATIONAL ASSOCIATION OF GOVERNMENT
 EMPLOYEES, LOCAL R14-87
 (Union)
 
 and
 
 NATIONAL GUARD BUREAU
 (Agency)
 
                                            Case No. O-NG-636
 
                   ORDER DISMISSING NEGOTIABILITY 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. 7105
 ET SEQ.) AND SECTION 2424.1 OF THE AUTHORITY'S RULES AND REGULATIONS (5
 CFR 2424.1 (1981)), ON A PETITION FOR REVIEW OF A NEGOTIABILITY ISSUE
 FILED BY THE UNION ON JANUARY 18, 1982.  FOR THE REASONS INDICATED
 BELOW, IT HAS BEEN DETERMINED THAT THE UNION'S PETITION FOR REVIEW WAS
 UNTIMELY FILED AND MUST THEREFORE BE DISMISSED.
 
    FROM THE RECORD BEFORE THE AUTHORITY, IT APPEARS THAT DURING
 NEGOTIATIONS OVER A NEW COLLECTIVE BARGAINING AGREEMENT, THE CHIEF
 NEGOTIATOR FOR THE ACTIVITY ORALLY DECLARED A PROPOSAL TO BE
 NONNEGOTIABLE.  THE UNION REQUESTED A WRITTEN ALLEGATION FROM THE
 ACTIVITY AND WAS SERVED WITH THE WRITTEN ALLEGATION ON NOVEMBER 16,
 1981.  ON NOVEMBER 30, 1981, THE UNION FILED A PETITION FOR REVIEW OF
 THE ACTIVITY'S ALLEGATION OF NONNEGOTIABILITY WITH THE CHIEF OF THE
 NATIONAL GUARD BUREAU.  THE NATIONAL GUARD BUREAU, IN ITS RESPONSE OF
 DECEMBER 22, 1981, ADVISED THE UNION THAT THE PROPER PLACE IN WHICH TO
 FILE A NEGOTIABILI