23:0720(93)NG - NTEU Chapter 52 and IRS, Austin District -- 1986 FLRAdec NG
[ v23 p720 ]
The decision of the Authority follows:
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).