12:0627(120)NG - NFFE Local 1363, Republic of Korea and Army, US Forces, Korea Eighth US Army -- 1983 FLRAdec NG



[ v12 p627 ]
12:0627(120)NG
The decision of the Authority follows:


 12 FLRA No. 120
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES LOCAL 1363, REPUBLIC OF
 KOREA
 Union
 
 and
 
 DEPARTMENT OF THE ARMY,
 U.S. FORCES, KOREA EIGHTH
 U.S. ARMY
 Agency
 
                                            Case No. O-NG-637
 
                   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
 concerning the negotiability of two Union proposals.  /1/ For the
 following reasons, the Union's petition for review must be dismissed.
 
    The record in this case indicates that the Union sought to negotiate
 concerning a regulation proposed by the Agency to govern its law
 enforcement procedures in the Republic of Korea.  Subsequent to the
 filing of the instant petition, the Agency advised the Authority that
 the proposed regulation had been withdrawn and that law enforcement
 would continue to be conducted in accordance with Agency regulations
 issued in 1976.  The Agency contends that, since the Union proposals
 relate to the now withdrawn draft regulation, the Union's petition must
 be dismissed as moot.  The Union asserts that, notwithstanding
 withdrawal of the draft regulation, the Agency is conducting its law
 enforcement activities in conformity therewith and, consequently, the
 Union proposals remain viable.
 
    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 threshold issue in the
 dispute between the parties concerns the question of the Agency's
 obligation to bargain, i.e., whether local past practices have been
 changed, and not the negotiability of the particular proposals
 themselves.  Thus, resolution of the dispute, which may depend upon
 factual issues, should be accomplished through the use 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., National
 Federation of Federal Employees, Local 1363 and Department of the Army,
 Hq., U.S. Army Garrison, Yongsan, Korea, 9 FLRA No. 146 (1982).
 
    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., August 22, 1983
                                       Barbara J. Mahone, Chairman