16:0549(75)PS - Decision on Request for General Statement of Policy or Guidance -- 1984 FLRAdec PS



[ v16 p549 ]
16:0549(75)PS
The decision of the Authority follows:


 16 FLRA No. 75
 
                                            Case No. O-PS-27
 
      DECISION ON REQUEST FOR GENERAL STATEMENT OF POLICY OR
 GUIDANCE
 
    The Authority received a request from the United States Customs
 Service to issue a statement of guidance with respect to the following
 question:
 
          What courses of action are available to the U.S. Customs
       Service, or to other Federal employees, for the resolution of
       negotiability disputes when, in the course of negotiations, a
       written declaration of nonnegotiability is made to the union
       declaring specific proposals to be beyond the duty to bargain, the
       Union declines to file a petition for review of negotiability
       issues with the Authority, but nevertheless continues to insist in
       impasse proceedings that the disputed proposal be included in the
       labor agreement.
 
    The Authority has carefully considered the Customs Service request
 and has determined that it does not satisfy the standards governing the
 issuance of general statements of policy and guidance set forth in
 section 2427.5 of the Authority's Rules and Regulations /1/ because the
 question raised by that request not only can be, but has been, resolved
 by other means.  In this regard, as the Customs Se