09:0809(102)NG - AFGE Local 5l and Treasury, Bureau of the Mint, Assay Office, San Francisco, CA -- 1982 FLRAdec NG



[ v09 p809 ]
09:0809(102)NG
The decision of the Authority follows:


 9 FLRA No. 102
 
 AMERICAN FEDERATION OF
 OVERNMENT EMPLOYEES, AFL-CIO,
 LOCAL 51
 Union
 
 and
 
 DEPARTMENT OF THE
 TREASURY, BUREAU OF THE
 MINT, U.S. ASSAY OFFICE,
 SAN FRANCISCO, CALIFORNIA
 Agency
 
                                            Case No. O-NG-351
 
                 DECISION AND ORDER ON NEGOTIABILITY ISSUE
 
    THE PETITION FOR REVIEW IN THIS CASE COMES BEFORE 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 AGENCY CONTENDS AT THE OUTSET THAT, ALTHOUGH THE UNION'S INITIAL
 SUBMISSION WAS TIMELY FILED, THE UNION, AFTER NOTIFICATION THAT THE
 APPEAL DID NOT CONFORM TO CERTAIN OF THE REQUIREMENTS SET FORTH IN THE
 AUTHORITY'S RULES AND REGULATIONS, DID NOT CORRECT THE APPEAL WITHIN THE
 PERIOD PERMITTED BY THE AUTHORITY.  THUS, ACCORDING TO THE AGENCY, THE
 APPEAL SHOULD BE DISMISSED.
 
    AS MENTIONED PREVIOUSLY, IT IS UNDISPUTED THAT THE UNION FILED THE
 APPEAL IN THIS CASE WITHIN THE TIME LIMIT PRESCRIBED UNDER THE
 PROVISIONS OF 5 U.S.C. 7117(C)(2) AND SECTION 2424.3 OF THE AUTHORITY'S
 RULES AND REGULATIONS.  THE AUTHORITY, CONSISTENT WITH WELL-ESTABLISHED
 PRACTICE IN LIKE SITUATIONS, /1/ ADVISED THE UNION OF APPARENT
 DEFICIENCIES IN MEETING CERTAIN PROCEDURAL REQUIREMENTS AND GRANTED THE
 UNION TIME TO TAKE CORRECTIVE ACTION.  IN THIS REGARD, THE UNION WAS
 ADVISED THAT FAILURE TO COMPLY WITH THE CITED REQUIREMENTS WITHIN THE
 TIME LIMIT PROVIDED MIGHT RESULT IN DISMISSAL OF THE APPEAL.  INSOFAR AS
 IT APPEARS FROM THE RECORD, THE UNION WAS TWO DAYS LATE IN FILING WITH
 THE AUTHORITY ITS SUBMISSION IN COMPLIANCE WITH THE STATED REQUIREMENTS.
  SINCE THE DEFICIENCIES INVOLVED WERE IN FACT CORRECTED BY THE UNION AND
 INASMUCH AS THERE IS NO INDICATION IN THE RECORD THAT ANY PREJUDICE WILL
 ACCRUE TO THE AGENCY AS A RESULT OF THE FACT THAT THE DEFICIENCIES WERE
 CORRECTED TWO DAYS LATE, THE AGENCY'S MOTION TO DISMISS ON THIS GROUND
 IS DENIED.  /2/
 
    TURNING NOW TO THE QUESTION OF NEGOTIABILITY, THE DISPUTED UNION
 PROPOSAL PROVIDES AS FOLLOWS:
 
    THE ACTIVITY AND THE UNION WILL COOPERATE IN THE CONTINUING EFFORT TO
 ESTABLISH AND
 
    MAINTAIN EQUITY IN PRICES AND QUALITY OF SERVICE(S) AT THE U.S.A.O.
 CAFETERIA;  AND THERE SHALL
 
    BE ESTABLISHED A SPECIAL SERVICES COMMITTEE CONSISTING OF TWO (2)
 MEMBERS APPOINTED BY THE
 
    ACTIVITY AND TWO (2) MEMBERS APPOINTED BY THE UNION.  (ONLY THE
 UNDERSCORED PORTION OF THE
 
    PROPOSAL I