National Federation of Federal Employees, Local 1439 (Union) and Department of Health and Human Services, Social Security Administration, Jackson District Office (Activity)
[ v06 p36 ]
06:0036(10)NG
The decision of the Authority follows:
6 FLRA No. 10
NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 1439
(Union)
and
DEPARTMENT OF HEALTH AND
HUMAN SERVICES,
SOCIAL SECURITY ADMINISTRATION,
JACKSON DISTRICT OFFICE
(Activity)
Case No. O-NG-475
ORDER DISMISSING APPEAL
ON MAY 1, 1981, THE NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL
1439 (THE UNION) FILED A PETITION FOR REVIEW WITH THE AUTHORITY IN THE
ABOVE-ENTITLED CASE PURSUANT TO SECTION 2424.1 OF THE AUTHORITY'S RULES
AND REGULATIONS (5 C.F.R. 2424.1 (1980)) AND SECTION; 7105(A)(2)(E) OF
THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C. 7101 ET
SEQ.). FOR REASONS INDICATED BELOW, THE UNION'S PETITION FOR REVIEW
MUST BE DISMISSED.
AS PRESENTED IN THE UNION'S APPEAL, THE ESSENCE OF THE PARTIES'
DISPUTE INVOLVES THE AGENCY'S PROPOSED CHANGE FOR ASSIGNING CASES TO
CLAIMS REPRESENTATIVES, AND THE UNION'S CLAIM THAT THE IMPACT OF SUCH A
CHANGE IS A TOPIC FOR BARGAINING.
HOWEVER, IT APPEARS THAT THE UNION HAS NOT PROPOSED SPECIFIC LANGUAGE
FOR NEGOTIATION. WITHOUT SUCH SPECIFIC LANGUAGE, IT IS IMPOSSIBLE TO
DETERMINE THE CONSISTENCY OF A PROPOSAL WITH LAWS, REGULATIONS OR THE
STATUTE. THUS, THE INSTANT MATTER IN DISPUTE IS NOT SUFFICIENTLY
DELINEATED SUCH AS TO PROVIDE A BASIS FOR A NEGOTIABILITY DETERMINATION.
IN THIS REGARD, IT IS WELL ESTABLISHED THAT A PETITION FOR REVIEW OF A
NEGOTIABILITY ISSUE WHICH DOES NOT PRESENT A PROPOSAL SUFFICIENTLY
SPECIFIC AND DELIMITED IN FORM AND CONTENT AS TO PERMIT THE AUTHORITY TO
RENDER A NEGOTIABILITY DECISION THEREON DOES NOT MEET THE CONDITIONS FOR
REVIEW SET FORTH IN SECTION 7117 OF THE STATUTE AND SECTION 2424.1 OF
THE AUTHORITY'S RULES AND REGULATIONS. ASSOCIATION OF CIVILIAN
TECHNICIANS, ALABAMA ACT AND STATE OF ALABAMA NATIONAL GUARD, CASE NO.
O-NG-27, 2 FLRA NO. 39(1979).
IN THE INSTANT CASE, THE PROPOSAL IS NOT SUFFICIENTLY SPECIFIC AND
DELIMITED IN FORM AND CONTENT AT THIS TIME TO PERMIT THE AUTHORITY TO
RENDER A NEGOTIABILITY DECISION.
ACCORDINGLY, FOR THE REASONS STATED HEREIN, AND APART FROM OTHER
CONSIDERATIONS,
IT IS HEREBY ORDERED THAT THE INSTANT APPEAL BE, AND IT HEREBY IS,
DISMISSED.
FOR THE AUTHORITY.
ISSUED, WASHINGTON, D.C., JUNE 10, 1981
JAMES J. SHEPARD, EXECUTIVE DIRECTOR