American Federation of Government Employees, Local 2578, AFL-CIO (Union) and General Services Administration, National Archives and Records Service, Washington, DC (Agency)

 4 FLRA No. 84
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 2578
 Union
 
 and
 
 GENERAL SERVICES ADMINISTRATION
 NATIONAL ARCHIVES AND RECORDS SERVICE
 WASHINGTON, D.C.
 Agency
 
                                            Case No. 0-NG-232
 
                DECISION AND ORDER 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.).
 
    THE BASIC FACTS OF THIS CASE, AS SET FORTH IN THE RECORD, ARE THAT
 DURING THE TERM OF THE PARTIES' AGREEMENT, THE UNION SUBMITTED TO THE
 AGENCY PROPOSALS DEALING WITH CHANGES IN THE JOURNEYMAN LEVELS OF CAREER
 LADDER POSITIONS.  THE UNION MAINTAINS THAT PURSUANT TO ITS RIGHTS UNDER
 THE STATUTE, IT IS SEEKING TO BARGAIN AT REASONABLE TIMES OVER MATTERS
 AFFECTING WORKING CONDITIONS.  THE AGENCY CONTENDS THAT THERE IS NO
 OBLIGATION TO BARGAIN OVER THIS OR ANY OTHER MATTER FOR WHICH NO CHANGE
 IN PERSONNEL POLICIES, PRACTICES, OR WORKING CONDITIONS HAS OCCURRED.
 THE PARTIES REACHED AGREEMENT EARLIER THIS YEAR ON A CONTRACT WHICH IS
 STILL IN EFFECT.
 
    THUS, BASED ON THE RECORD IN THIS CASE, IT IS CLEAR THAT THE ESSENCE
 OF THE CONTENTIONS OF THE PARTIES PRINCIPALLY RELATES TO WHETHER THE
 UNION CAN INITIATE BARGAINING ON A CERTAIN MATTER DURING THE TERM OF THE
 COLLECTIVE BARGAINING AGREEMENT IT ENTERED INTO WITH THE AGENCY IN THE
 ABSENCE OF A CHANGE IN PERSONNEL POLICIES, PRACTICES, AND MATTERS
 AFFECTING WORKING CONDITIONS.  THE FUNDAMENTAL ISSUE IN THIS CASE,
 THEREFORE, IS WHETHER THE AGENCY IS OBLIGATED TO BARGAIN AT THIS TIME ON
 THE MATTER RAISED BY THE UNION.  THUS, THE SUBSTANCE OF THE PARTIES'
 CONTENTIONS CONCERNS UNFAIR LABOR PRACTICE ISSUES APPROPRIATE FOR
 RESOLUTION UNDER PROCEDURES SET FORTH UNDER SECTION 7118 OF THE STATUTE.
  THIS ISSUE DOES NOT, FOCUS ON MATTERS APPROPRIATE FOR RESOLUTION UNDER
 THE PROCEDURES SET FORTH IN SECTION 7117 OF THE STATUTE AND PART 2424 OF
 THE AUTHORITY'S RULES AND REGULATIONS (5 CFR 2424.1 ET SEQ.), CONCERNING
 WHETHER A PARTICULAR UNION PROPOSAL IS ITSELF NONNEGOTIABLE, I.E.,
 INCONSISTENT WITH LAW, RULE OR REGULATION.  THAT IS, THE PROPER FORUM IN
 WHICH TO RAISE THESE ISSUES IS NOT A NEGOTIABILITY APPEAL, BUT WOULD BE
 AN UNFAIR LABOR PRACTICE PROCEEDING PURSUANT TO SECTION 7118 OF THE
 STATUTE.  IN THIS REGARD, RESOLUTION OF THE INSTANT DISPUTE MAY BE
 DEPENDENT UPON THE RESOLUTION OF FACTUAL ISSUES RELATED TO THE PARTIES'
 CONDUCT.  SUCH FACTUAL DETERMINATIONS CAN BE BEST ACCOMPLISHED THROUGH
 USE OF THE INVESTIGATORY AND FORMAL HEARING PROCEDURES SET FORTH IN PART
 2423 OF THE AUTHORITY'S RULES AND REGULATIONS WHICH GOVERN UNFAIR LABOR
 PRACTICE PROCEEDINGS (5 CFR 2423.1 ET SEQ.).  SEE, AMERICAN FEDERATION
 OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 1931 AND DEPARTMENT OF THE NAVY,
 NAVAL WEAPONS STATION, CONCORD, CALIFORNIA, 2 FLRA NO. 19 (1979) AND
 NATIONAL TREASURY EMPLOYEES UNION AND DEPARTMENT OF THE TREASURY, U.S.
 CUSTOMS SERVICE, WASHINGTON, D.C., 3 FLRA NO. 52 (1980).
 
    BASED ON THE FOREGOING, THIS NEGOTIABILITY APPEAL DOES NOT PRESENT
 ISSUES THAT THE AUTHORITY CAN APPROPRIATELY RESOLVE AT THIS TIME UNDER
 SECTION 7117 OF THE STATUTE AND PART 2424 OF ITS RULES AND REGULATIONS.
 ACCORDINGLY, IT IS ORDERED THAT THE UNION'S APPEAL BE DISMISSED WITHOUT
 PREJUDICE TO THE UNION'S RIGHT TO RESUBMIT TO THE AUTHORITY ANY
 NEGOTIABILITY DISPUTE WHICH REMAINS CONCERNING THE UNION'S PROPOSALS,
 AFTER RESORTING TO THE PROCEDURES DISCUSSED ABOVE.
 
    ISSUED, WASHINGTON, D.C., NOVEMBER 12, 1980
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
                          CERTIFICATE OF SERVICE
 
    COPIES OF THE DECISION AND ORDER OF THE FEDERAL LABOR RELATIONS
 AUTHORITY IN THE SUBJECT PROCEEDING HAVE THIS DAY BEEN MAILED TO THE
 PARTIES LISTED:
 
                         MR. CARMEN R. DELLE DONNE
 
                        PRESIDENT, AFGE, LOCAL 2578
 
                        NATIONAL ARCHIVES, ROOM 2E
 
                          WASHINGTON, D.C. 20408
 
                         HONORABLE ROWLAND FREEMAN
 
                               ADMINISTRATOR
 
                      GENERAL SERVICES ADMINISTRATION
 
                          18TH & F STREET, N.W.
 
                          WASHINGTON, D.C. 20405
 
                               MARIE MUSANTE
 
                ACTING LABOR RELATIONS OFFICER FOR ARCHIVES
 
                      GENERAL SERVICES ADMINISTRATION
 
                          18TH & F STREET, N.W.
 
                          WASHINGTON, D.C. 20405