21:0044(9)NG - AFGE, National GSA Council and GSA -- 1986 FLRAdec NG



[ v21 p44 ]
21:0044(9)NG
The decision of the Authority follows:


 21 FLRA No. 9
 
 AMERICAN FEDERATION OF 
 GOVERNMENT EMPLOYEES, 
 AFL-CIO, NATIONAL GSA
 COUNCIL
 Union
 
 and
 
 GENERAL SERVICES ADMINISTRATION
 Agency
 
                                            Case No. 0-NG-1202
 
                   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.
 
    From the record before the Authority, it appears that on June 17,
 1985, the parties began bargaining over a new collective bargaining
 agreement.  During the course of these negotiations, a dispute arose
 concerning the negotiability of a Union proposal U-3 concerning employee
 performance ratings.  On June 25, 1985, the parties entered into a
 Memorandum of Understanding, which provided in pertinent part that, "The
 Union has presented a proposal contained in Article 9 Performance
 Appraisal Systems (union proposal U-3), dated 6-21-85, which Management
 intends to declare nonnegotiable.  The exact proposal is section 5E."
 That agreement provided further