17:0312(43)NG - IBEW Local 1245 and Interior, Bureau of Reclamation, Mid-Pacific Regional Office -- 1985 FLRAdec NG
[ v17 p312 ]
17:0312(43)NG
The decision of the Authority follows:
17 FLRA No. 43
INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, AFL-CIO,
LOCAL 1245
Union
and
DEPARTMENT OF THE INTERIOR,
BUREAU OF RECLAMATION,
MID-PACIFIC REGIONAL OFFICE
Agency
Case No. O-NG-941
ORDER DISMISSING PETITION FOR REVIEW
This matter is before the Authority pursuant to section 7105(a)(2)(D)
and (E) of the Federal Service Labor-Management Relations Statute and
section 2424.1 of the Authority's Rules and Regulations on a petition
for review of a negotiability issue filed by the Union. For the reason
indicated below, the Union's petition for review must be dismissed.
It appears from the Union's petition that the Union sought to meet
Vehicles and Heavy Equipment. /1/ The Union did not, however, submit
any specific proposals for negotiation. The Agency's assistant regional
director for administration responded by informing the Union that the
instruction was not negotiable and, that in any event, the Union had not
requested bargaining within the thirty day time limit after the
instruction's issuance as per the parties' negotiated agreement. Thus,
the Agency denied the Union's request to bargain. In response to a
subsequent memorandum from the Union requesting clarification on the
issue of whether a compelling need existed for this instruction, the
Agency notified the Union that in light of its prior determination the
issue of compelling need for the instruction was moot. The Union
thereupon filed the instant petition with the Authority.
Section 2424.1 of the Authority's Rules and Regulations, which
implements section 7117 of the Statute, provides, in pertinent part:
Sec. 2424.1 Conditions governing review
The Authority will consider a negotiability issue under the
con