28:0007(2)NG - PATENT OFFICE PROFESSIONAL ASSOCIATION VS COMMERCE



[ v28 p07 ]
28:0007(2)NG
The decision of the Authority follows:


28 FLRA NO. 2

PATENT OFFICE PROFESSIONAL ASSOCIATION

                    Union

      and

PATENT AND TRADEMARK OFFICE,
DEPARTMENT OF COMMERCE

                    Agency

Case No. O-NG-1296

DECISION AND ORDER ON NEGOTIABILITY ISSUES 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 fifteen provisions of a collective bargaining agreement which were disapproved by the Agency head under section 7114 (c) of the Statute.

For the reasons which follow, we find that the Agency head was not authorized to review the provisions under section 7114 (c) of the Statute. Consequently, 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 the parties reached an impasse in bargaining on a new basic agreement and were directed by the Federal Service Impasses Panel to submit their dispute to mediation/arbitration. The Arbitrator was given