33:0877(123)NG - - NFFE Local 2050 and EPA - - 1989 FLRAdec NG - - v33 p877
[ v33 p877 ]
The decision of the Authority follows:
33 FLRA No. 123
FEDERAL LABOR RELATIONS AUTHORITY
NATIONAL FEDERATION OF FEDERAL EMPLOYEES
U.S. ENVIRONMENTAL PROTECTION AGENCY
ORDER DISMISSING PETITION FOR REVIEW
July 24, 1989
The National Federation of Federal Employees, Local 2050 (Union) has filed a petition for review of negotiability issues in the above-referenced case. On May 18, 1989, the Authority directed the Union to show cause why its negotiability appeal should not be dismissed for failure to present a negotiability dispute which can be addressed by the Authority under section 7117 of the Federal Service Labor-Management Relations Statute. The Union timely filed a response to the Order.
On April 4, 1989, the Union requested the Environmental Protection Agency (Agency) to provide a written allegation of nonnegotiability on four proposals. The memorandum concluded by stating, "If we do not receive your written response to this request within [10 days of receipt of the memorandum], this Union will file a petition of review with the appropriate authority." The Agency's written response, dated April 13, 1989, stated that "[w]e will discuss/negotiate these proposals at the next scheduled LMC." The Agency's response does not declare the Union's proposals to be nonnegotiable. In response to the Authority's Show Cause Order, the Union states that Proposal 3 was "orally declared" nonnegotiable by the Agency.
Section 2424.4(a)(3) of the Authority's regulations requires a union to support its negotiability petition with (1) a copy of the agency's written allegation of nonnegotiability on the proposal at issue or (2) a showing that the agency failed to respond to the union's request for such an allegation. Independent Letterman Hospital Workers' Union and Department of the Army, Nutrition Care, Letterman Army Medical Center, 29 FLRA 456 (1987).
The Union's petition for review is not supported by either a written allegation of nonnegotiability from the Agency or a showing that the Agency failed to respond to the Union's request for such an allegation. Accordingly, the petition is dismissed without prejudice to file an appeal if the conditions governing review are met and the Union chooses to file such an appeal. See 5 C.F.R. § 2424.
For the Authority.
Clyde B. Blandford, Jr.
Acting Executive Director
(If blank, the decision does not have footnotes.)