17:0433(70)NG - Fort Knox Teachers Association and Fort Knox Dependents Schools -- 1985 FLRAdec NG

 17 FLRA No. 70
 
 FORT KNOX TEACHERS ASSOCIATION 
 Union 
 
 and 
 
 FORT KNOX DEPENDENTS SCHOOLS 
 Activity
 
                                            Case No. 0-NG-919
 
                   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 on a petition
 for review of a negotiability issue filed by the Union.  For the reasons
 stated below, the Union's petition must be dismissed.
 
    The record before the Authority in this case indicates that the
 negotiability dispute arose when the Activity denied a Union grievance
 concerning homeroom assignments on the ground that such assignments were
 nonnegotiable management rights and therefore not grievable or
 arbitrable under the parties' negotiated agreement.  In response to the
 Activity's denial of the grievance, the Union filed the instant
 negotiability appeal.
 
    Under section 7117 of the Statute and section 2424.1 of the
 Authority's Rules and Regulations, a union properly may file a
 negotiability appeal where the union and an agency are involved in
 collective bargaining and the agency alleges that the duty to bargain
 does not extend to any matter proposed to be bargained.
 
    In this case, as indicated above, the dispute arose in the context of
 a grievance proceeding and not in the course of collective bargaining
 between the parties.  Such disputes are properly resolved under the
 grievance procedures provided by the parties in a collective bargaining
 agreement.  See, e.g., Louis A. Johnson Veterans Administration Medical
 Center, Clarksburg, West Virginia and American Federation of Government
 Employees, Local 2384, 15 FLRA No. 74 (1984).  Consequently, the Union's
 petition does not meet the conditions for review of a negotiability
 issue under the Statute and the Authority's Rules and Regulations.
 
    Accordingly, and apart from other considerations, the Union's
 petition for review is hereby dismissed.  For the Authority Issued,
 Washington, D.C., April 10, 1985
                                       Harold D. Kessler
                                       Managing Director for Case
                                       Processing