15:0098(20)NG - AFGE Local 2142 and Army, Corpus Christi Army Depot, Corpus Christi, TX -- 1984 FLRAdec NG

 15 FLRA No. 20
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 2142, AFL-CIO
 Union
 
 and
 
 DEPARTMENT OF THE ARMY,
 CORPUS CHRISTI ARMY DEPOT,
 CORPUS CHRISTI, TEXAS
 Activity
 
                                            Case No. O-NG-923
 
                   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 (5 U.S.C. 7101
 et seq.) and section 2424.1 of the Authority's Rules and Regulations (5
 C.F.R. 2424.1) on a petition for review of negotiability issues filed by
 the Union.  For the reasons indicated below, the Union's petition must
 be dismissed.
 
    From the record before the Authority, it appears that on July 7,
 1983, the parties forwarded a locally executed collective bargaining
 agreement to the agency head for review and approval pursuant to section
 7114(c) of the Statute.  During such review, the agency head disapproved
 two provisions in the negotiated agreement by letter dated August 5,
 1983.  Apparently, the parties met and continued bargaining in an
 attempt to find alternative language for the proposals which were
 declared nonnegotiable.  The parties requested assistance from the
 Federal Mediation and Conciliation Service but were unable to reach
 agreement and resolve the dispute and reached impasse on October 21,
 1983.  The Union did not request another allegation from the agency but
 sought the Authority's determination as to whether the disputed
 proposals were within the parties' duty to bargain.
 
    In its statement of position, the Agency asserts that the Union's
 petition for review should be dismissed as untimely.  In support of its
 assertion the Agency argues that since the only written allegation of
 nonnegotiability was the August 5, 1983, disapproval, the ti