12:0314(69)NG - NTEU and Treasury, IRS, Ogden Service Center, Ogden, UT -- 1983 FLRAdec NG
[ v12 p314 ]
The decision of the Authority follows:
12 FLRA No. 69 NATIONAL TREASURY EMPLOYEES UNION Union and DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE OGDEN SERVICE CENTER, OGDEN, UTAH Agency Case No. O-NG-697 ORDER DISMISSING PETITION FOR REVIEW The petition for review in this case comes before the Authority pursuant to section 7105(a)(2)(E) of the Federal Service Labor-Management Relations Statute (the Statute), and presents issues relating to the negotiability of seven Union proposals. For the following reasons, the Union's petition for review must be dismissed. /1/ The record indicates that the Union sought to negotiate over proposed changes to the method of accounting for employee work time in the Agency's collection branch. The Agency contends, inter alia, that such changes were proposed to comply with the requirements of the parties' master agreement and that the instant appeal, in essence, constitutes a dispute over interpretation of that agreement. The Agency also asserts that it is under no obligation to bargain because the proposed changes will only minimally affect the working conditions of bargaining unit employees. The Authority concludes that the circumstances herein do not give rise to a negotiability dispute which the Authority may properly review at this time pursuant to section 7117 of the Statute and part 2424 of the Authority's Rules and Regulations. The essence of the dispute between the parties now concerns the question of the Agency's obligation to bargain, i.e., whether the changes initiated by management are consistent with relevant provisions of the parties' master agreement and/or whether local working conditions have in fact been changed, and not the negotiability of the proposals themselves. Thus, resolution of the dispute, which may involve factual issues, should be accomplished through use of whatever mechanisms the parties have established for that purpose in their negotiated agreement or by means of the investigatory and formal hearing procedures established for reviewing unfair labor practice charges under section 7118 of the Statute and part 2423 of the Authority's Rules and Regulations. See, e.g., Overseas Education Association, Inc. and Department of Defense Dependents Schools, 12 FLRA No. 15 (1983). Indeed, the Union has filed such an unfair labor practice charge. Accordingly, apart from other considerations, IT IS ORDERED that the Union's petition for review be, and it hereby is, dismissed. Issued, Washington, D.C., July 14, 1983 Barbara J. Mahone, Chairman Ronald W. Haughton, Member Henry B. Frazier III, Member FEDERAL LABOR RELATIONS AUTHORITY --------------- FOOTNOTES$ --------------- /1/ The Union's response to the Agency's statement of position was not filed with the Authority within the time limits required by section 2424.7 of the Authority's Rules and Regulations and, thus, has not been considered.