23:0552(76)NG - AFGE, HUD Council 222 and HUD -- 1986 FLRAdec NG



[ v23 p552 ]
23:0552(76)NG
The decision of the Authority follows:


 23 FLRA No. 76
 
 AMERICAN FEDERATION OF GOVERNMENT 
 EMPLOYEES, AFL-CIO, HUD COUNCIL 222
 Union
 
 and
 
 DEPARTMENT OF HOUSING AND URBAN 
 DEVELOPMENT
 Agency
 
                                            Case No. 0-NG-887
 
               DECISION AND ORDER ON NEGOTIABILITY ISSUES
 
                         I.  Statement of the Case
 
    This case is before the Authority because of a negotiability appeal
 filed under section 7105(a)(2)(E) of the Federal Service
 Labor-Management Relations Statute (the Statute) and concerns the
 negotiability of two proposals concerning the establishment of
 competitive areas for reduction-in-force (RIF) purposes.  For the
 reasons set forth below, we conclude that both proposals are
 nonnegotiable.
 
                           II.  Threshold Issue
 
    The Agency contends that the Union's appeal is not properly before
 the Authority for review under section 2424.3 of the Authority's Rules
 and Regulations because the issues involved in this appeal "apparently
 had been settled at the bargaining table and a full agreement had been
 reached." The Agency asserts that the parties had concluded binding
 arbitration to resolve certain impassed bargaining issues without the
 Union's having requested a written allegation of nonnegotiability from
 the Agency concerning the two disputed proposals, and that the Union's
 negotiability appeal filed six weeks after bargaining had concluded
 should not be permitted.
 
    We conclude that the Agency's contention must be rejected.  The
 record discloses that the Union requested a written determination of
 nonnegotiability from the Agency concerning the two disputed proposals
 on July 15, 1983, which was after the parties had completed an impasse
 arbitration proceeding but before they executed their collective
 bargaining agreement on September 7, 1983.  Having received no resonse
 to its request for a written determination, the Union, on August 8,
 1983, filed its petition for review pursuant to section 2424.3 of the
 Authority's Rules and Regulations.  On August 12, 1983, the Agency
 served its written determination of nonnegotiability on the Union.
 Since the Agency provides no support for its contention that the parties
 had reached agreement on the two proposals at issue in this case and
 since the Union's petition for review was otherwise timely filed with
 the Authority, we conclude that the appeal is properly before us for
 review.
 
                        III.  The Union's Proposals
 
          Competitive Areas Proposal 1
 
          The competitive areas for reduction in force shall be
       determined by negotiation on a case-by-case basis according to
       management needs.
 
          Competitive Areas Proposal 2