28:0030(8)NG - AFGE, LOCAL 491 VS VA MEDICAL CENTER



[ v28 p30 ]
28:0030(8)NG
The decision of the Authority follows:


28 FLRA NO. 8

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 491

                    Union

      and

VETERANS ADMINISTRATION
MEDICAL CENTER, BATH, NEW YORK

                    Agency

Case No. O-NG-1375

ORDER DISMISSING PETITION FOR REVIEW

This case is before the Authority because of a negotiability appeal filed under section 7105(a)(2)(D) and (E) of the Federal Service Labor - Management Relations Statute (the Statute). For the reasons stated below, it has been determined that the Union's petition for review was untimely filed and must be dismissed on that basis.

I. Background

On April 3, 1986, the parties settled unfair labor practice (ULP) charges in Case Nos. 1-CA-60160 and 60210. Under the settlement, the Union withdrew the ULP charges and the parties agreed to negotiate concerning impact and implementation. On May 6, 1986, the Agency rejected the Union's proposals involved in this appeal as not within the duty to bargain. There is nothing in the record to indicate that the Union requested the May 6, 1986 Agency memorandum as an allegation of nonnegotiability. Thereafter, the Union filed a ULP charge, Case No. 1-CA-70026. On December 3, 1986, the parties executed a settlement agreement wherein the Agency contended that the Union proposals concerning work schedules were nonnegotiable. The parties further agr