15:0570(121)NG - NFFE Local 1363 and Army, HQ, Army Garrison, Yongsan, Korea -- 1984 FLRAdec NG



[ v15 p570 ]
15:0570(121)NG
The decision of the Authority follows:


 15 FLRA No. 121
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 1363
 Union
 
 and
 
 DEPARTMENT OF THE ARMY,
 HEADQUARTERS, U.S. ARMY GARRISON,
 YONGSAN, KOREA
 Agency
 
                                            Case No. O-NG-818
 
                   ORDER DISMISSING PETITION FOR REVIEW
 
    This case is before the Authority pursuant to section 7105(a)(2)(E)
 of the Federal Service Labor-Management Relations Statute (the Statute)
 on a petition for review of negotiability issues filed by the Union.
 
    The record before the Authority in this case indicates that during
 negotiations between the Agency and the Union, the Union submitted two
 proposals on the ration control system in effect at Agency controlled
 post exchanges, commissaries, and other outlets in Korea.  The Union
 requested an allegation with respect to its proposals from the Agency.
 Receiving no such allegation the Union then filed the instant appeal
 with the Authority seeking a determination, pursuant to section
 7117(c)(1) of the Statute and section 2424.1(a) of the Authority's Rules
 and Regulations, as to whether the disputed proposals were within the
 duty to bargain.  Subsequently the Agency did file a counterproposal,
 and in its statement filed with the Authority, pursuant to section
 2424.6 of the Authority's Rules, the Agency in effect asserted that by
 failing to respond to the Union's request for an allegation, it was not
 alleging that the proposals which are the subject of the Union's
 petition were nonnegotiable.  Rather, the A