10:0198(39)NG - IBEW Local 121 and Treasury, Bureau of Engraving and Printing, Washington, DC -- 1982 FLRAdec NG

 10 FLRA No. 39
 
 INTERNATIONAL BROTHERHOOD OF
 ELECTRICAL WORKERS, AFL-CIO,
 LOCAL 121
 Union
 
 and
 
 DEPARTMENT OF THE TREASURY,
 BUREAU OF ENGRAVING AND PRINTING,
 WASHINGTON, D.C.
 Agency
 
                                            Case No. O-NG-357
 
                   ORDER DISMISSING PETITION FOR REVIEW
 
    THIS MATTER IS BEFORE THE AUTHORITY PURSUANT TO SECTION 7105(A)(2)(E)
 OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE)
 AND SECTION 2424.1 OF THE AUTHORITY'S RULES AND REGULATIONS ON A
 PETITION FOR REVIEW OF NEGOTIABILITY ISSUES FILED BY THE UNION.  FOR THE
 REASONS INDICATED BELOW, IT HAS BEEN DETERMINED THAT THE UNION'S
 PETITION FOR REVIEW WAS UNTIMELY FILED AND THEREFORE MUST BE DISMISSED.
 
    THE RELEVANT FACTS ARE AS FOLLOWS:  IN NEGOTIATIONS, THE UNION AND
 THE AGENCY REACHED IMPASSE ON SEVERAL ISSUES, INCLUDING THE PAY SETTING
 PROCEDURES WHICH ARE AT ISSUE IN THE INSTANT NEGOTIABILITY APPEAL.  THE
 UNION FILED A REQUEST WITH THE FEDERAL SERVICE IMPASSES PANEL (PANEL) TO
 CONSIDER THE PARTIES' NEGOTIATION IMPASSE.  THE PANEL ACCEPTED
 JURISDICTION AND DIRECTED FACTFINDING.  IN THE AGENCY'S PREHEARING
 BRIEF, WHICH WAS RECEIVED BY THE PANEL ON JANUARY 16, 1980, IT CONTENDED
 THAT THE UNION'S PROPOSAL CONCERNING PAY SETTING WAS NONNEGOTIABLE AND
 PRESENTED ISSUES WHICH COULD ONLY BE RESOLVED BY THE AUTHORITY IN A
 NEGOTIABILITY DETERMINATION.  THEREFORE, THE AGENCY ARGUED THAT THE
 PANEL SHOULD DECLINE TO TAKE JURISDICTION.  /1/ SUBSEQUENTLY, AFTER A
 FACTFINDING HEARING, THE PANEL ISSUED ITS DECISION AND ORDER IN WHICH IT
 DECLINED TO ASSERT JURISDICTION OVER THE PAY SETTING ISSUE AND REFERRED
 THE PARTIES TO THE AUTHORITY FOR RESOLUTION OF THE NEGOTIABILITY ISSUE.
 THEREAFTER, THE UNION FILED THE INSTANT PETITION WITH THE AUTHORITY.
 
    AN INITIAL QUESTION NOT SPE