American Federation of Government Employees, Local 32, AFL-CIO (Union) and Office of Personnel Management, Washington, D.C. (Agency)  

 7 FLRA No. 91
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 32
 Union
 
 and
 
 OFFICE OF PERSONNEL MANAGEMENT,
 WASHINGTON, D.C.
 Agency
 
                                            Case No. O-NG-257
 
                DECISION AND ORDER ON NEGOTIABILITY APPEAL
 
    THIS PETITION FOR REVIEW COMES BEFORE THE FEDERAL LABOR RELATIONS
 AUTHORITY (THE AUTHORITY) PURSUANT TO SECTION 7105 (A)(2)(E) OF THE
 FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (STATUTE).
 
    IN AGREEMENT WITH THE AGENCY, THE AUTHORITY FINDS THAT THE PRESENT
 DISPUTE IS IMPROPERLY BEFORE THE AUTHORITY AS A NEGOTIABILITY ISSUE TO
 BE RESOLVED PURSUANT TO SECTION 7117 OF THE STATUTE.  RATHER, IT SHOULD
 HAVE BEEN PROCESSED EITHER THROUGH THE UNFAIR LABOR PRACTICE PROCEDURES
 OF THE STATUTE OR THROUGH THE PARTIES' CONTRACTUAL GRIEVANCE PROCEDURE.
 IN THIS REGARD, THE AGENCY HAS NEVER ASSERTED THAT THE UNION'S PROPOSALS
 ARE NOT NEGOTIABLE UNDER THE STATUTE BUT ONLY THAT UNDER THE COLLECTIVE
 BARGAINING AGREEMENT THE UNION HAS WAIVED ITS RIGHT TO NEGOTIATE THE
 MATTERS AT ISSUE.  SEE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
 AFL-CIO, LOCAL 1617 AND DEPARTMENT OF THE AIR FORCE, HEADQUARTERS, AIR
 FORCE LOGISTICS COMMAND, KELLY AIR FORCE BASE, TEXAS,2 FLRA 407(1980).
 
    THEREFORE, PURSUANT TO SECTION 2424.10 OF THE AUTHORITY'S RULES AND
 REGULATIONS (5 CFR 2424.10(1981)), IT IS ORDERED THAT THE UNION'S
 PETITION FOR REVIEW BE, AND IT HEREBY IS, DISMISSED.
 
    ISSUED, WASHINGTON, D.C., JANUARY 7, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY