27:0958(105)NG MMP VS PCC -- 1987 FLRAdec NG


[ v27 p958 ]
27:0958(105)NG
The decision of the Authority follows:


27 FLRA NO. 105

INTERNATIONAL ORGANIZATION OF
MASTERS, MATES & PILOTS

     Union

     and

PANAMA CANAL COMMISSION

     Agency

Case No. O-NG-1123

DECISION AND ORDER ON NEGOTIABILITY ISSUE 1

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 a single provision of a negotiated agreement a portion of which was disapproved by the Agency head under section 7114(c) of the Statute. The entire provision is set out in an Appendix to this decision.

For the reasons which follow, we find that the Agency head was not authorized to review the provision under section 7114(c) of the Statute. Therefore, the Union's appeal of that declaration is not properly before us and we will dismiss the petition for review.

II. Background

The record in this case indicates that during the course of negotiations, the parties sought the assistance of the Federal Service Impasses Panel (Panel) to resolve a negotiation impasse. The Panel directed the parties to mediation/arbitration and designated a Panel member t