10:0407(68)NG - Federal Employees MTC and Navy, Mare Island Naval Shipyard, Vallejo, CA -- 1982 FLRAdec NG



[ v10 p407 ]
10:0407(68)NG
The decision of the Authority follows:


 10 FLRA No. 68
 
 FEDERAL EMPLOYEES METAL
 TRADES COUNCIL
 (Union)
 
 and
 
 DEPARTMENT OF THE NAVY,
 MARE ISLAND NAVAL SHIPYARD,
 VALLEJO, CALIFORNIA
 (Activity)
 
                                            Case No. O-NG-722
 
                   ORDER DISMISSING PETITION FOR REVIEW
 
    This matter is before the Authority pursuant to section 7105(a)(2)(D)
 and (E) of the Federal Service Labor-Management Relations Statute (5
 U.S.C. 7101 et seq.) and section 2424.1 of the Authority's Rules and
 Regulations (5 C.F.R. 2424.1) on a petition for review of a
 negotiability issue filed on behalf of the union.  For the reason
 indicated below, the union's petition must be dismissed.
 
    As presented in the union's appeal, the parties' dispute involves a
 new Department of Navy policy concerning the distribution of pay checks
 and related leave and earning statements for newly hired civilian
 employees.  The parties apparently met to discuss the policy and the
 activity subsequently informed the union by letter that it was willing
 to negotiate with respect to the impact and implementation of the
 policy, but that it considered the policy decision nonnegotiable for
 various reasons.  While the union may have sought to negotiate with
 respect to the policy, it did not propose any specific language for
 negotiation.  Rather, shortly after receipt of the activity's letter,
 the union filed the instant petition with the Authority.  In that
 regard, the union asserts that in view of the activity's position it was
 clear that the activity would not have negotiated on any proposal and
 that to have submitted such a proposal would have been futile.  The
 union further noted, however, that it was preparing to submit a formal
 proposal to the activity concerning the policy sometime in the future.
 /1/
 
    Section 2424.1 of the Authority's Rules and Regulations, which
 implements section 7117 of the Statute, provides, in pertinent part:
 
    Sec. 2424.1 Conditions governing review
 
          The Authority will consider a negotiability issue under the
       conditions prescribed by 5 U.S.C. 7117(b) and (c), namely:  If an
       agency involved in collective bargaining with an exclusive
       representative alleges that the duty to bargain in good faith does
       not extend to any matter proposed to be bargained because, as
       proposed, the matter is inconsistent with law, rule or regulation,
       the exclusive representative may appeal the allegation to the
       Authority . . . .
 
    Further, it is well-established that a petition for review of a
 negotiability issue which does not present a proposal sufficiently
 specific and delimiated