26:0174(19)NG AFGE, LOCAL 2298 VS NAVY, NAVAL WEAPONS STATION -- 1987 FLRAdec NG



[ v26 p174 ]
26:0174(19)NG
The decision of the Authority follows:


26 FLRA NO. 19

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO,  LOCAL 2298

              Union

      and

DEPARTMENT OF THE NAVY
NAVAL WEAPONS STATION
CHARLESTON, SOUTH CAROLINA

              Agency

Case No. 0-NG-1321

DECISION AND ORDER ON NEGOTIABILITY ISSUE

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 and concerns the negotiability of the following provision of a locally negotiated agreement disapproved by the Agency head under section 7114(c) of the Statute:

Disciplinary action will normally be initiated within thirty (30) calendar days after the event or occurrence warranting such discipline, or of the employer's becoming aware of such event or occurrence. It is understood that initiation of disciplinary action may be delayed pending com-pletion of an investigation.

We find the provision to be nonnegotiable.

II. Positions of the Parties

The Agency contends that this provision is outside the duty to bargain because it would effectively preclude management from acting at all to take disciplinary action under section 7106(a)(2)(A). The union contends that the provision does not preclu