14:0162(32)NG - AFGE Local 1625 and Fleet Combat Training Center, Atlantic, Navy -- 1984 FLRAdec NG



[ v14 p162 ]
14:0162(32)NG
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.