29:0462(44)NG - AFGE, LOCAL 491 VS VA MEDICAL CENTER



[ v29 p462 ]
29:0462(44)NG
The decision of the Authority follows:


29 FLRA NO. 44



AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 491

                  Union

         and

VETERANS ADMINISTRATION MEDICAL
CENTER, BATH, NEW YORK

                  Activity

Case No. 0-NG-1420

ORDER DISMISSING PETITION FOR REVIEW

This case is before the Authority pursuant to section 7105(a)(2)(E) of the Federal Service Labor - Management Relations Statute and section 2424.1 of the Authority's Rules and Regulations on a petition for review of negotiability issues filed by the Union. For the reasons indicated below, it has been determined that the Union's petition for review must be dismissed.

The record before the Authority shows that on December 3, 1986, the parties entered into a written Agreement, which provides in pertinent part:

1. The Activity has proposed a change in the practice in Dietetics service by which permanent part-time WG-2 Food Service Workers are selected for conversion to permanent full-time food Service Workers, WG-2.

2. The Union will have fifteen (15) days from the date of this agreement to submit its bargaining proposals relative to the Activity's proposal.

6. The Activity intends to take the position in any negotiations hereunder that its decision to change the existing practice referenced above in paragraph one is non-negotiable. 

By letter to the Activity dated December 16, 1986, the union presented a number of what best can be characterized as arguments why the the Activity should not proceed with its proposed change concerning the conversion of part-time employees to full-time as set forth in paragraph one of the parties' Agreement of December 3, 1986. The Union did not request an allegation of nonnegotiability from the Activity, rather it requested "time and meeting place to negotiate these proposals." Likewise, in its letter to the Activity dated June 12, 1987, the Union did not request an allegation of nonnegotiability, rather it stated that, "Local 491 is requesting negotiations on the conversion of part-time to full-time employees in Dietetics Service." On June 26, 1987, the Union filed its petition for review with the Authority. On July 17, 1987, the Union filed with the Authority a letter to the Union from the Activity dated June 29, 1987. The June 29th letter among other matters contained an unsolicited declaration that the conversion of part-time to full-time employees in the Dietetic Service is nonnegotiable.

It is well established that a petition for review which does not present a proposal sufficiently specific and delimited in form and content as to permit the Authority to render a negotiability decisi