28 FLRA NO. 23

ANTILLES CONSOLIDATED EDUCATION
ASSOCIATION

                  Union

          and

DEPARTMENT OF DEFENSE, DEPARTMENT
OF THE NAVY, ANTILLES CONSOLIDATED
SCHOOL SYSTEM (ACSS)

                  Agency

Case No. 0-NG-1272

ORDER DISMISSING PETITION FOR REVIEW

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). For the reasons stated below, the agreement in question is not a proper subject of a negotiability appeal because it became final and binding when it was not disapproved within the 30-day time limit set forth in section 7114(c)(3) of the Statute.

II. Background

According to the record in the case, the parties signed a negotiated agreement on February 25, 1986. Article 39, Section e provided that the agreement should be considered executed by the parties on the day that the Union membership ratified it. The Superintendent of the Antilles Consolidated School System (ACSS) received notice of membership ratification on March 21, 1986 and notified the Agency accordingly. The Department of the Navy notified the Superintendent, ACSS, by letter dated April 18, 1986, that the agreement was disapproved. The record indicates that the Agency head's disapproval was hand-delivered to the Union on April 28, 1986.

The Union filed a petition for review of the Agency head's disapproval with the Authority on May 9, 1986. In its petition for review the Union argued that because notice of  the Agency head's disapproval was not served on it until the notice was hand-delivered on April 28, more than 30 days from the date of execution of the agreement, the agreement took effect and became binding on the parties under section 7114(c)(3) o