21:0003(01)NG - AFGE, AFL-CIO, Local 1336 and Department of Health and Human Services, SSA -- 1986 FLRAdec AR



[ v21 p03 ]
21:0003(01)NG
The decision of the Authority follows:


 21 FLRA No. 1    

   AMERICAN FEDERATION OF GOVERNMENT 
   EMPLOYEES, AFL-CIO, LOCAL 1336
   Union

   and

   DEPARTMENT OF HEALTH AND HUMAN SERVICES, 
   SOCIAL SECURITY ADMINISTRATION
   Agency

                  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 and section
2424.1 of the Authority's Rules and Regulations on a petition for review
of negotiability issues filed by the Union.  For the reasons indicated
below, it has been determined that the Union's petition for review was
untimely filed and must be dismissed on that basis.

   On August 30, 1985, the Union submitted proposals regarding the
Employee Assessment Plan (EAP) to the Agency in preparation for upcoming
negotiations.  By memorandum of September 16, 1985, the Agency notified
the Union that most of its proposals appeared to be nonnegotiable.  In
an attachment included with that memorandum, the Agency indicated each
proposal which it considered to be nonnegotiable and the reasons
therefore.  After the parties resumed negotiations on September 19,
1985, the Union agreed to set aside the proposals which the Agency
stated were nonnegotiable and complete negotiations on other issues.  On
September 19, 1985, the parties entered into a Memorandum of
Understanding whereby the parties agreed to a revised EAP.  That
agreement provided that negotiations could be reopened to resolve those
areas regarding the EAP that still remained in dispute between the
parties.

   On October 3, 1985, the Union requested a written declaration of
nonnegotiability from the Agency in respect to its disputed proposals.
On October 4, 1985, the Agency sent a memorandum to the Union,
requesting that the Union refer to the September 16th memorandum, and
more specifically, to the attachment thereto which described the
proposals that the Agency had previously indicated were nonnegotiable.
On October 7, 1985, the Union requested clarification of the October 3,
1985, statement of nonnegotiability, stating that the September 16th
Memorandum was defective under section 2424.1 of the Authority's Rules
and Regulations.  In a memorandum dated October 28, 1985, the Agency
reaffirmed its position previously stated in the October 4, 1985,
letter.  The Union then filed the instant negotiability appeal on
November 7, 1985, or within 15 days from the date of service of the
Agency' s letter of October 28, 1985.

   It is well established that a petition for review must be filed
within 15 days from the date of service on the Union of an Agency
nonnegotiability allegation.