10:0069(18)NG - NTEU Chapter 2l7 and HHS Region VII -- 1982 FLRAdec NG



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10:0069(18)NG
The decision of the Authority follows:


 10 FLRA No. 18
 
 NATIONAL TREASURY EMPLOYEES
 UNION, CHAPTER 217
 Union
 
 and
 
 DEPARTMENT OF HEALTH AND
 HUMAN SERVICES, REGION VII
 Agency
 
                                            Case No. O-NG-429
 
                   ORDER DISMISSING PETITION FOR REVIEW
 
    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) AND RAISES THE ISSUE OF
 THE NEGOTIABILITY OF A UNION PROPOSAL CONCERNING "CREDIT HOURS," UNDER
 THE FEDERAL EMPLOYEES FLEXIBLE AND COMPRESSED WORK SCHEDULES ACT OF
 1978.  UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE
 PARTIES' CONTENTIONS, THE AUTHORITY MAKES THE FOLLOWING DETERMINATIONS.
 
    THE PARTIES' DISPUTE FOCUSES ON WHETHER THE UNION'S PROPOSAL IS
 CONSISTENT WITH THE PROVISIONS OF THE FEDERAL EMPLOYEES FLEXIBLE AND
 COMPRESSED WORK SCHEDULES ACT OF 1978, PUB. L. NO. 95-390, 92 STAT.
 755(1978), AS AMENDED BY PUB. L. NO. 97-160, 96 STAT. 21(1982), WHICH
 ACT EXPIRED ON JULY 25, 1982, DURING THE PENDENCY OF THE APPEAL.
 MOREOVER, ON JULY 23, 1982, THE FEDERAL EMPLOYEES FLEXIBLE AND
 COMPRESSED WORK SCHEDULES ACT OF 1982, PUB. L. NO. 97-221,96 STAT.
 227(1982), SUBSTANTIALLY DIFFERING IN SOME RESPECTS FROM ITS
 PREDECESSOR, BECAME EFFECTIVE WITHOUT EITHER PARTY HAVING HAD THE