09:0733(90)NG - AFGE Local 2736 and Air Force, HQ, 379th Combat Support Group (Sac), Wurtsmith AFB, MI -- 1982 FLRAdec NG

 9 FLRA No. 90
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 2736
 Union
 
 and
 
 DEPARTMENT OF THE AIR FORCE,
 HEADQUARTERS 379TH COMBAT SUPPORT
 GROUP (SAC), WURTSMITH AIR FORCE
 BASE, MICHIGAN
 Agency
 
                                            Case No. O-NG-471
 
                DECISION AND ORDER ON NEGOTIABILITY APPEAL
 
    THE PETITION FOR REVIEW IN THIS CASE COMES BEFORE THE AUTHORITY
 PURSUANT TO SECTION 7105(A)(2)(E) OF THE FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE).  UPON CAREFUL
 CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE PARTIES' CONTENTIONS,
 THE AUTHORITY MAKES THE FOLLOWING DETERMINATION.
 
    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 ASSERTS THAT THE UNION HAS WAIVED ITS RIGHT
 TO NEGOTIATE THE MATTERS AT ISSUE SINCE THE LOCAL PARTIES REACHED
 AGREEMENT ON MUTUALLY ACCEPTABLE LANGUAGE REGARDING THE MATTERS
 COVERED
 BY THE PROPOSALS CONTAINED IN THE UNION'S INSTANT APPEAL TO THE
 AUTHORITY;  SUCH LANGUAGE WAS INCORPORATED IN THE LOCAL AGREEMENT WHICH
 WAS EXECUTED PRIOR TO THE UNION'S APPEAL;  AND THE PARTIES' CONTRACTUAL
 REOPENER CLAUSE, RELIED UPON BY THE UNION, IS INAPPLICABLE BASED UPON
 FACTUAL CIRCUMSTANCES SURROUNDING THE NEGOTIATION AND EXECUTION OF THE
 LOCAL AGREEMENT.  SEE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
 AFL-CIO, LOCAL 32 AND OFFICE OF PERSONNEL MANAGEMENT, WASHINGTON, D.C.,
 7 FLRA NO. 91 (1982).
 
    ACCORDINGLY, PURSUANT TO SECTION 2424.10 OF THE AUTHORITY'S RULES AND
 REGULATIONS, IT IS ORDERED THAT THE UNION'S PETITION FOR REVIEW BE, AND
 IT HEREBY IS, DISMISSED.  ISSUED, WASHINGTON, D.C., AUGUST 3, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY