23:0720(93)NG - NTEU Chapter 52 and IRS, Austin District -- 1986 FLRAdec NG

 23 FLRA No. 93
 
 NATIONAL TREASURY EMPLOYEES 
 UNION, CHAPTER 52
 Union
 
 and
 
 INTERNAL REVENUE SERVICE 
 AUSTIN DISTRICT
 Agency
 
                                            Case No. 0-NG-1163
 
                   ORDER DISMISSING PETITION FOR REVIEW
 
    This matter 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 reason set forth
 below, the Union's appeal must be dismissed.
 
    From the Union's petition for review and the Agency's statement of
 position, it appears that the local parties signed a negotiated
 agreement on May 10, 1985.  It also appears that a controlling national
 agreement between the Internal Revenue Service and the National Treasury
 Employees Union was in effect at that time.  The local parties'
 agreement was submitted for agency head approval under section
 7114(c)(4) of the Statute.  The Agency head's designee disapproved a
 number of provisions of the agreement.  The written disapproval was
 served on the Union by mail on July 23, 1985.  In a motion subsequently
 filed with the Authority the Union took the position that the Agency
 head's disapproval was not timely under section 7114(c).  In its
 response to the Union's motion, the Agency indicated that neither the
 controlling national agreement nor the Agency's regulations contain any
 time limits for Agency head disapproval of local supplemental
 agreements.  /*/
 
    Section 7114(c) of the Statute establishes a process for approval of
 negotiated agreements by agencies.  Section 7114(c)(1) provides that an
 agreement between an agency and an exclusive representative "shall be
 subject to approval by the head of the agency." Section 7114(c)(2)
 establishes a 30-day time limit for this approval p