28:0007(2)NG - PATENT OFFICE PROFESSIONAL ASSOCIATION VS COMMERCE
[ v28 p07 ]
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
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.
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 authority by the Panel to issue a final decision on the outstanding issues. The Arbitrator issued an award which directed the parties to adopt the provisions that are now in dispute. Neither party filed exceptions to this interest arbitration award. 2 However, the Agency head declared the provisions outside the duty to bargain while performing what was characterized as a review of the agreement under section 7114 (c) of the Statute.
III. Analysis and conclusion
In American Federation of Government Employees, AFL - CIO, National Council of SSA Field Operations Locals and Department of Health and Human Services, Social Security Administration Field Operations, 27 FLRA No. 104 (1987) and International Organization of Masters, Mates & Pilots and Panama Canal Commission, 27 FLRA No. 105 (1987), we dismissed the petitions for review in which the union sought an appeal of the agency head's declaration of nonnegotiability during the section 7114(c) review. We stated that the declaration of nonnegotiability of provisions that were directed to be included in an agreement as a result of Panel-directe