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