43:0300(29)NG - - NAGE Local R1-109 and VA Medical Center, Newington, CT - - 1991 FLRAdec NG - - v43 p300
[ v43 p300 ]
The decision of the Authority follows:
43 FLRA No. 29
FEDERAL LABOR RELATIONS AUTHORITY
NATIONAL ASSOCIATION OF GOVERNMENT
U.S. DEPARTMENT OF VETERANS AFFAIRS
ORDER DISMISSING PETITION FOR REVIEW
November 25, 1991
Before Chairman McKee and Members Talkin and Armendariz.
I. Statement of the Case
This case is before the Authority on a negotiability appeal filed by the Union under section 7105(a)(2)(E) of the Federal Service Labor-Management Relations Statute (the Statute). The petition for review concerns one proposal that addresses the computation of backpay due an employee pursuant to a settlement of an unfair labor practice charge.
For the following reasons, we dismiss the petition for review because the proposal does not concern a negotiability issue and is not properly before us.
In January 1990 the Agency reduced the hours of one of the employees employed in the bargaining unit represented by the Union. The Union filed an unfair labor practice charge, which was later settled in October 1990. As a result of this settlement, the Agency agreed, among other things, to make the affected employee whole for any losses she suffered as a result of the reduction in her hours and to negotiate with the Union concerning the impact and implementation of the January 1990 decision to reduce the affected employee's hours.
Pursuant to the settlement agreement, the Union submitted the proposal that is now before us. The Agency advised the Union that the proposal was "unacceptable" because it did "not conform with the settlement agreement" which left "no residual issues . . . regarding the backpay award . . . ." Petition for review, Attachment 2; Agency Statement of Position, Attachment 8. The Union filed the petition for review in this case and has also filed an unfair labor practice charge over the Agency's refusal to bargain over the proposal.