28:0024(6)NG - NTEU VS USDA, FOOD AND NUTRITION SERVICE, WESTERN



[ v28 p24 ]
28:0024(6)NG
The decision of the Authority follows:


28 FLRA NO. 6

U.S. DEPARTMENT OF AGRICULTURE,
FOOD AND NUTRITION SERVICE#
WESTERN REGION

                    Agency

      and

NATIONAL TREASURY EMPLOYEES UNION

                    Union

Case No. O-NG-1153

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 nine 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 nine 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 master agreement and the Federal Service Impasses Panel (the Panel) authorized  that they submit their dispute to mediation/arb