30:0029(7)NG - AFGE Local 1760 and HHS, SSA -- 1987 FLRAdec NG

30 FLRA NO. 7
30 FLRA 29

12 NOV 1987


AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES
AFL-CIO, LOCAL 1760

                   Union

      and


DEPARTMENT OF HEALTH AND
HUMAN SERVICES, SOCIAL
SECURITY ADMINISTRATION

                   Agency

Case No. O-NG-1181
(28 FLRA NO. 26)

DECISION AND ORDER ON MOTION FOR RECONSIDERATION

     This matter is before the Authority pursuant to the Agency's
request for reconsideration of the Authority's Decision and Order
on Negotiability Issues in 28 FLRA  No. 26, dated July 23, 1987.
In that decision, we determined that Provisions 1 through 6 were
within the duty to bargain and that Provision 7 was outside the
duty to bargain. The Agency also requests that we order a stay of
our decision in 28 FLRA  No. 26 pending our review of the
Agency's request for reconsideration. The Union opposed the
Agency's requests. For the reasons discussed below, we grant in
part the Agency's request for reconsideration and deny it in
part.

     In its request for reconsideration, the Agency first
contends that the Authority's decision in this case is based on a
nonfact and constitutes an erroneous interpretation of the record
evidence. In support of this contention, the Agency argues that
the Union's appeal resulted from the Agency's allegations of
nonnegotiability rather than, as stated in the decision, an
Agency head disapproval of a locally negotiated agreement.

     The Agency is correct in noting that the nature of this case
before the Authority was incorrectly set forth in our
decision. Accordingly, under section 2429.17 of our Regulations,
we grant this aspect of the Agency's request for reconsideration
and modify our Decision and Order as follows: (1) the Statement
of the Case is revised to 'show that the Union appealed to the
Authority from an Agency allegation of nonnegotiability rather
than from an Agency head disapproval of a locally negotiated
agreement; (2) "Provisions" 1 through 6 in the decision are
redesigna