19:0810(97)NG - FUSE, NAGE and Navy -- 1985 FLRAdec NG



[ v19 p810 ]
19:0810(97)NG
The decision of the Authority follows:


 19 FLRA No. 97
 
 FEDERAL UNION OF SCIENTISTS AND
 ENGINEERS, NATIONAL ASSOCIATION
 OF GOVERNMENT EMPLOYEES
 Union
 
 and
 
 DEPARTMENT OF THE NAVY
 Agency
 
                                            Case No. O-NG-1056
 
                   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 indicates that during the course of
 negotiations the Union submitted three proposals concerning the
 utilization of office space.  The Union claims that the local agency
 bargaining representative orally declared the Union's proposals
 nonnegotiable, but did not respond to the Union's written request for a
 written allegation of nonnegotiability.  The Union then filed the
 instant petition for review with the Authority without a written
 allegation of nonnegotiability pursuant to section 2424.3 of the
 Authority's Rules and Regulations, as to whether the disputed proposals
 were within the duty to bargain.  Subsequently, in a letter to the
 Authority dated December 13, 1984, the Agency requested that the Union's
 petition for review be dismissed because, in its opinion, the proposals
 "either are not clearly nonnegotiable or it may be possible for the
 activity to develop negot