11:0263(55)NG - NTEU and HHS, FDA, Region VII -- 1983 FLRAdec NG



[ v11 p263 ]
11:0263(55)NG
The decision of the Authority follows:


 11 FLRA No. 55
 
 NATIONAL TREASURY EMPLOYEES
 UNION
 Union
 
 and
 
 DEPARTMENT OF HEALTH AND
 HUMAN SERVICES, FOOD AND DRUG
 ADMINISTRATION, REGION VII
 Agency
 
                                            Case No. O-NG-609
 
                DECISION AND ORDER ON NEGOTIABILITY ISSUES
 
    The petition for review in this case comes before the Authority
 pursuant to section 7105(a)(2)(D) and (E) of the Federal Service
 Labor-Management Relations Statute (the Statute) and presents issues
 relating to the negotiability of the following Union proposal:
 
          The "Competitive Area" will be established by the Agency as all
       of those positions under the personnel administration and
       authority of the Principal Regional Official of DHHS-Kansas City,
       Missouri, within the commuting area of Kansas City, Missouri.
 
    Upon careful consideration of the entire record, including the
 parties' contentions, the Authority makes the following determination.
 The proposal at issue herein is, in all material respects, identical to
 Union Proposal 1 in National Treasury Employees Union and Department of
 Health and Human Services, Region IV, 11 FLRA No. 53 (1983).  Thus, the
 Agency herein is essentially asserting, for the same reasons as it did
 in DHHS, Region IV, that negotiation of the proposal is barred by the
 same agency regulation, HHS