45:0919(88)NG - - NFFE Local 466 and Agriculture, Forest Service, Daniel Boone National Forest, Winchester, KY - - 1992 FLRAdec NG - - v45 p919
[ v45 p919 ]
The decision of the Authority follows:
45 FLRA No. 88
The Union has filed a petition for review of negotiability issues in the above-captioned case. For the reasons set out below, the Union's petition for review does not meet the conditions governing review of negotiability issues and must be dismissed.
Under section 7117 of the Federal Labor Management Relations Statute (Statute) and section 2424.1 of the Authority's Regulations, the Authority will consider a petition for review of a negotiability issue only where the parties are in dispute over whether a proposal is inconsistent with law, rule, or regulation. American Federation of Government Employees, Local 12, AFL-CIO, and Department of Labor, 26 FLRA 768, 769 (1987). Where the conditions for review of negotiability issues are met, a Union is entitled to a decision as to whether a proposal is negotiable under the Statute. See American Federation of Government Employees, AFL-CIO, Local 2736 v. FLRA, 715 F.2d 627, 631 (D.C. Cir. 1983).
In this case, the Agency does not dispute the negotiability of the proposals by claiming that they are inconsistent with law, rule, or regulation. The Agency only contends, in its April 17, 1992, responses to the Union's proposals, that the proposals are covered by the parties' master agreement (Article 20.5a and 20.9) and that the "contract is very specific on the articles that are negotiable at the local level." Under these circumstances, the petition for review does not meet the conditions governing review of ne