29:1040(76)NG - NTEU VS TREASURY



[ v29 p1040]
29:1040(76)NG
The decision of the Authority follows:


29 FLRA NO. 76

NATIONAL TREASURY EMPLOYEES UNION

     Union

     and

DEPARTMENT OF THE TREASURY

     Agency

Case No. 0-NG-1392

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 seven provisions of a collective bargaining agreement which were disapproved by the Agency head under section 7114(c) of the Statute.

For the reasons that 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.

II. Background

The record in this case indicates that the parties reached an impasse in bargaining during mid-term reopener negotiations 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 issu