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National Treasury Employees Union and Internal Revenue Service



[ v02 p710 ]
02:0710(91)NG
The decision of the Authority follows:


 2 FLRA No. 91
 
 MR. JAMES M. SOBER
 ASSISTANT COUNSEL
 NATIONAL TREASURY EMPLOYEES UNION
 1730 K STREET, NW.
 SUITE 1101
 WASHINGTON, D.C. 20006
 
                     RE:  NATIONAL TREASURY EMPLOYEES
                          UNION AND INTERNAL REVENUE
                          SERVICE, Case No. 0-NG-46
 
 DEAR MR. SOBER:
 
    THIS REFERS TO YOUR PETITION FOR REVIEW OF THE AGENCY HEAD'S
 DETERMINATION OF NONNEGOTIABILITY IN THE ABOVE-ENTITLED CASE, FILED WITH
 AUTHORITY ON APRIL 18, 1979.
 
    THE DISPUTE, AS PRESENTED IN YOUR APPEAL, CONCERNS THE NEGOTIABILITY
 OF THE UNION'S PROPOSALS UNDER THE PROVISIONS OF EXECUTIVE ORDER 11491,
 AS AMENDED.  EXECUTIVE ORDER 11491 IS, HOWEVER, NO LONGER IN EFFECT,
 HAVING BEEN SUPERSEDED BY THE NEW FEDERAL SERVICE LABOR-MANAGEMENT
 RELATIONS STATUTE (92 STAT. 1191), WHICH BECAME EFFECTIVE JANUARY 11,
 1979, AND WHICH GOVERNS THE RESOLUTION OF NEGOTIABILITY DISPUTES SUCH AS
 ARE INVOLVED IN YOUR APPEAL.  IN THIS REGARD, NEITHER YOUR PETITION FOR
 REVIEW NOR THE AGENCY HEAD'S DETERMINATION OF NONNEGOTIABILITY ADDRESSES
 THE APPLICABILITY OF THE STATUTE TO THE DISPUTED PROPOSALS.
 
    ACCORDINGLY, YOUR PETITION FOR REVIEW OF A NEGOTIABILITY DISPUTE
 UNDER EXECUTIVE ORDER 11491 IS DISMISSED AS MOOT WITHOUT PASSING UPON
 THE MERITS OF YOUR APPEAL AND WITHOUT PREJUDICE TO YOUR SUBMISSION OF
 THE DISPUTE TO THE AUTHORITY IN CONFORMANCE WITH THE PROVISIONS OF THE
 STATUTE AND THE REGULATIONS OF THE AUTHORITY ISSUED THEREUNDER.
 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 695 AND
 DEPARTMENT OF THE TREASURY, U.S. MINT, DENVER, COLORADO, CASE NO.
 O-NG-26, 1 FLRA NO. 39 (MAY 10, 1979), REPORT NO. 6.  /1/
 
    BY THE AUTHORITY.
 
                                SINCERELY,
 
                           SAMUEL A. CHAITOVITZ
 
                            EXECUTIVE DIRECTOR
 
    CC:  J. KURTZ
 
    IRS
 
    /1/ IT IS NOTED THAT THE UNION HAS FILED ANOTHER NEGOTIABILITY APPEAL
 UNDER THE STATUTE INVOLVING THE SAME PARTIES AND THE IDENTICAL PROPOSALS
 AT ISSUE IN THE INSTANT CASE.  THAT APPEAL (O-NG-85) IS CURRENTLY
 PENDING BEFORE THE AUTHORITY.