14:0162(32)NG - AFGE Local 1625 and Fleet Combat Training Center, Atlantic, Navy -- 1984 FLRAdec NG
[ v14 p162 ]
The decision of the Authority follows:
14 FLRA No. 32 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 1625 Union and FLEET COMBAT TRAINING CENTER, ATLANTIC, U.S. DEPARTMENT OF THE NAVY Activity Case No. O-NG-899 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 on a petition for review of a negotiability issue filed by the Union. For the reasons indicated below, the Union's appeal must be dismissed. From the submissions of the parties, the record before the Authority in this case indicates that on June 21, 1983, the local parties executed a collective bargaining agreement and submitted it to the Secretary of the Navy for review and approval pursuant to section 7114(c) of the Statute. Subsequently, in a memorandum addressed to the Commanding Officer of the Activity, the Secretary of the Navy disapproved a provision in the local parties' agreement as contrary to agency regulation. It appears from the Agency's submission that this memorandum was served on the Union on July 29, 1983. Section 7114(c)(3) of the Statute provides that an agreement which has not been approved or disapproved by the Agency involved within 30 days after the date of its execution becomes effective and binding on the parties on the 31st day, without the approval of the Agency, subject only to the requirements of applicable law, rule, or regulation.