12:0054(15)NG - Overseas Education Association, Inc. and DOD Dependents Schools -- 1983 FLRAdec NG
[ v12 p54 ]
12:0054(15)NG
The decision of the Authority follows:
12 FLRA No. 15
OVERSEAS EDUCATION ASSOCIATION, INC.
Union
and
DEPARTMENT OF DEFENSE DEPENDENTS
SCHOOLS
Agency
Case No. O-NG-568
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)
on a petition for review relating to the negotiability of seven Union
proposals. For the reasons stated below, the Union's petition for
review must be dismissed.
Prior to the filing of the instant appeal the Authority had issued
its Decision in Department of Defense Dependents Schools and Overseas
Education Association, NEA, 6 FLRA No. 55 (1981), finding that a
reorganization within the Agency involved herein had rendered existing
bargaining units, some of which were represented by the Union, no longer
appropriate. Accordingly, the Authority directed, inter alia, that
appropriate proceedings be conducted to resolve the questions concerning
representation which had arisen. In these circumstances, the parties
herein have agreed to extend their expired collective bargaining
agreement pending resolution of those questions.
With regard to the present case, the parties had negotiated upon a
proposed revision to the Agency's certification and recertification
program for teachers. However, on September 9, 1981, the Agency advised
the Union that it was withdrawing its proposed change and, consequently,
that there was no further obligation to bargain on proposals relating
thereto. The Union then initiated the instant appeal to the Authority,
asserting that some elements of the change had already been unilaterally
implemented by certain subdivisions of the Agency. The Agency denies
this, contending that any changes in implementati