American Federation of Government Employees, AFL-CIO, Local 2991 (Union) and Department of Health, Education and Welfare, Social Security Administration, El Paso District, Texas (Activity)
[ v02 p647 ]
02:0647(79)NG
The decision of the Authority follows:
2 FLRA No. 79
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 2991
(Union)
and
DEPARTMENT OF HEALTH, EDUCATION
AND WELFARE, SOCIAL SECURITY
ADMINISTRATION, EL PASO DISTRICT,
TEXAS
(Activity)
Case No. 0-NG-191
DECISION ON NEGOTIABILITY APPEAL
THIS CASE COMES BEFORE THE FEDERAL LABOR RELATIONS AUTHORITY (THE
AUTHORITY) PURSUANT TO SECTION 7105(A)(2)(E) OF THE FEDERAL SERVICE
LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE) (5 U.S.C. 7101 ET
SEQ.).
DURING THE TERM OF THE PARTIES' NEGOTIATED AGREEMENT, THE UNION
REQUESTED NEGOTIATIONS ON THE STATISTICAL FORMS TO BE IMPLEMENTED FOR
ACCOUNTABILITY OF VARIOUS GROUPS OF EMPLOYEES. IN RESPONSE TO THE
UNION'S REQUEST, THE ACTIVITY STATED, IN PART:
IF YOU HAVE A PROPOSAL THAT YOU WOULD LIKE TO NEGOTIATE YOU MAY
SUBMIT IT AND WE WILL MAKE
EVERY EFFORT TO DETERMINE IF THE ISSUE IS NEGOTIABLE.
THE UNION SUBSEQUENTLY FILED THE INSTANT APPEAL WITH THE AUTHORITY,
BUT DID NOT PROVIDE THE AUTHORITY WITH ANY SPECIFIC PROPOSAL ON THE
MATTER WHICH IT SEEKS TO NEGOTIATE.
IN ALL MATERIAL RESPECTS, THIS CASE IS SUBSTANTIALLY IDENTICAL TO
ASSOCIATION OF CIVILIAN TECHNICIANS, ALABAMA ACT AND STATE OF ALABAMA
NATIONAL GUARD, CASE NO. O-NG-27, 2 FLRA NO. 39(DEC. 28, 1979), REPORT
NO. . . . . IN THAT CASE THE AUTHORITY DECIDED THAT A PETITION WHICH
NEVER PRESENTED A PROPOSAL SUFFICIENTLY SPECIFIC AND DELIMITED IN FORM
AND CONTENT AS TO PERMIT THE AUTHORITY TO RENDER A NEGOTIABILITY
DECISION DID NOT MEET THE CONDITIONS FOR REVIEW. FOR THE REASONS FULLY
SET FORTH IN THAT DECISION, THE INSTANT PETITION DOES NOT MEET THE
CONDITIONS FOR REVIEW PRESCRIBED IN SECTION 7117 OF THE STATUTE AND
SECTION 2424.1 OF THE AUTHORITY'S RULES OF PROCEDURE.
IN CONCLUSION, THE UNION'S APPEAL DOES NOT MEET THE CONDITIONS FOR
REVIEW UNDER SECTION 7117 OF THE STATUTE AND SECTION 2424.1 OF THE
AUTHORITY'S RULES AND REGULATIONS. ACCORDINGLY, THE APPEAL IS
DISMISSED.
ISSUED, WASHINGTON, D.C., FEBRUARY 4, 1980
RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
LEON B. APPLEWHAITE, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY