45:0938(93)NG - - Int. Fed. of Professional and Technical Engineers, Local 89 and Interior, Bureau of Reclamation Pacific Northwest Region, Grand Coulee Project Office, Grand Coulee, WA - - 1992 FLRAdec NG - - v45 p938
[ v45 p938 ]
The decision of the Authority follows:
45 FLRA NO. 93
Before Chairman McKee and Members Talkin and Armendariz.
I. Statement of the Case
This case is before the Authority on a negotiability appeal filed under section 7105(a)(2)(E) of the Federal Service Labor-Management Relations Statute (the Statute) and concerns the negotiability of one proposal.
The proposal concerns the employment of relatives who report to the same supervisor. We find, for the following reasons, that there are no issues concerning whether the disputed proposal is inconsistent with applicable law, rule or regulation that are appropriate for resolution in a negotiability proceeding under section 7117 of the Statute. Consequently, we will dismiss the petition for review without prejudice to the Union's right to file a negotiability appeal at a later date, should it choose to do so, provided that the conditions for review of such an appeal are met.
The parties began negotiations for a collective bargaining agreement in 1990 and completed negotiations in January 1992. On December 18, 1991, the parties began discussing the issue of the employment of relatives, which the Union had raised to the Agency in a letter of December 11, 1991. On January 2, 1992, the Union submitted its proposal on that issue to the Agency. The parties met and discussed the proposal on January 3, February 5, and February 13, 1992. Following the February 13, 1992 bargaining session, the Agency made an oral allegation of nonnegotiability regarding the Union's proposal. On February 14, 1992, the Union requested a written allegation of nonnegotiability from the Agency regarding the proposal. The Agency did not reply. On February 25, 1992, the Union submitted the petition for review in this case.
The Agency head approved the parties' collective bargaining agreement on February 12, 1992. On February 28, 1992, management transmitted the Agency head's approval of the agreement to the Union. The Union states that it received the notification of the approval on March 2, 1992. See Union's Response, Exhibit J.
1.0 Employment of Relatives
1.1 Relatives, as defined in Reclamation Instruction FPM R310.1.1, shall not be employed within the same organizational unit when each would be reporting to the same supervisor.
1.2 Bargaining unit employees who are related and who are currently reporting to the same supervisor shall continue to do so until such time as one or the other or both of them are moved to a new duty assignment or the Regional Director withdraws the October 4, 1989 exception, whichever ev