32:1265(172)NG - - NAAE and Agriculture, Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Houston, TX - - 1988 FLRAdec NG - - v32 p1265
[ v32 p1265 ]
The decision of the Authority follows:
32 FLRA No. 172
UNITED STATES OF AMERICA
FEDERAL LABOR RELATIONS AUTHORITY
NATIONAL ASSOCIATION OF
U.S. DEPARTMENT OF AGRICULTURE
ANIMAL AND PLANT HEALTH
INSPECTION SERVICE, PLANT
PROTECTION AND QUARANTINE
Case No. 0-NG-1573
On July 28, 1988, the Union filed with the Authority a petition for review of negotiability issues pursuant to 5 U.S.C. § 7117(c) and 5 C.F.R. § 2424.1. The proposal presented by the Union is not sufficiently specific to enable the Authority to make a negotiability decision, and must be dismissed.
A petition for review which does not present a proposal sufficiently specific to enable the Authority to make a negotiability decision does not meet the conditions for review set forth in 5 U.S.C. § 7117(c) and 5 C.F.R. § 2424.1. See, e.g., Maritime/Metal Trades Council and Panama Canal Commission, 18 FLRA 326 (1985); and Fort Bragg Unit of North Carolina Association of Educators, National Education Association and Fort Bragg Dependents Schools, Fort Bragg, North Carolina, 12 FLRA 519 (1983). The conditions governing review of a negotiability issue include a requirement that there be "a matter proposed to be bargained." See, e.g., Federal Employees Metal Trades Council and Department of the Navy, Mare island Naval Shipyard, Vallejo, California, 10 FLRA 407 (1982).
In this case, the record contains no evidence that the Union proposed any specific language for negotiation. See, e.g., American Federation of Government Employees, Local 491 and Veterans Administration Medical Center, Bath, New York, 29 FLRA 462 (1987).
By Order issued August 26, 1988, the Authority directed the Union to file with the Authority by September 8, 1988, any specific proposal it presented to the Activity, and to show cause why its petition should not be dismissed.
In its untimely filed letter dated September 12, 1988, the Union admits that it did not propose any "written" specific proposal to the Activity.
Accordingly, the Union's petition for review is dismissed.
For the Authority.
Issued, Washington, D.C.,
Clyde B. Blandford, Jr.
Acting Executive Direc