46:1275(118)NG - - AFGE Local 446 and VA Medical Center, Asheville, NC - - 1993 FLRAdec NG - - v46 p1275
[ v46 p1275 ]
The decision of the Authority follows:
46 FLRA No. 118
FEDERAL LABOR RELATIONS AUTHORITY
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
U.S. DEPARTMENT OF VETERANS AFFAIRS
ASHEVILLE, NORTH CAROLINA
ORDER DISMISSING PETITION FOR REVIEW
January 28, 1993
The Union has filed a petition for review of negotiability issues in the above-captioned case. The Agency has filed a statement of position on the Union's petition. 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).
In this case, the Agency does not claim that the proposal is inconsistent with law, rule, or regulation. Rather, the Agency contends only that the proposal is nonnegotiable because it violated Article 24, Section 2 of the parties' Master Agreement of l982. Under these circumstances, the Union's petition for review does not meet the conditions governing review of negotiability issues. See Overseas Education Association and U.S. Department of Defense,
Dependents Schools, FPO, Seattle, 42 FLRA 197, 200 (1991) and National Association of Government Employees, Local R1-109 and U.S. Department of Veterans Affairs, Medical Center, Newington, Connecticut, 38 FLRA 928, 931 (1990).
Accordingly, we will dismiss the Union's petition for review, without prejudice to the Union's right to file a negotiability appeal if the conditions governing review of negotiability issues are met and if the Union chooses to file such an appeal. See American Federation of Government Employees, Local 85 and Veterans Administration Medical Center, Leavenworth, Kansas, 30 FLRA 400, 401-02 (1987).
For the Authority.
Alicia N. Columna
Director, Case Control Office
(If blank, the decision does not have footnotes.)