10:0489(81)NG - AFGE Local 1760 and HHS, SSA -- 1982 FLRAdec NG

 10 FLRA No. 81
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 1760
 Union
 
 and
 
 DEPARTMENT OF HEALTH AND HUMAN
 SERVICES, SOCIAL SECURITY ADMINISTRATION
 Agency
 
                                            Case No. O-NG-530
 
                   ORDER DISMISSING PETITION FOR REVIEW
 
    THIS CASE COMES BEFORE THE AUTHORITY PURSUANT TO SECTION
 7105(A)(2)(E) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE
 (THE STATUTE).  FOR THE FOLLOWING REASONS IT HAS BEEN DETERMINED THAT
 THE UNION'S PETITION FOR REVIEW MUST BE DISMISSED.
 
    THE RECORD REVEALS THAT THE UNION SUBMITTED TO THE AGENCY A GROUP OF
 PROPOSALS CONCERNING INSTALLATION OF A UNION BULLETIN BOARD AND
 PROVISION OF AN OFFICE, FACILITIES, AND FURNITURE TO A UNION VICE
 PRESIDENT.  IN RESPONSE, THE AGENCY DECLARED THAT THE PROPOSALS "ARE NOT
 PRESENTLY APPROPRIATE FOR NEGOTIATION AT THE REGIONAL LEVEL" BECAUSE THE
 SUBJECT MATTER OF THE PROPOSALS WAS INCLUDED IN ARTICLES UNDER
 NEGOTIATION AT THE NATIONAL LEVEL FOR A MASTER AGREEMENT.  THUS THE
 DISPUTE BETWEEN THE PARTIES IN THIS CASE IS NOT OVER THE NEGOTIABILITY
 OF THE PROPOSALS, BUT RATHER CONCERNS WHETHER UNDER THE CIRCUMSTANCES
 THE AGENCY IS OBLIGATED TO BARGAIN ON SUBJECTS WHICH ARE ALSO BEING
 NEGOTIATED AT A HIGHER LEVEL.  THIS SITUATION DOES NOT GIVE RISE TO A
 NEGOTIABILITY ISSUE WHICH MAY BE RESOLVED PURSUANT TO SECTION 7117 OF
 THE STATUTE.  THE DISPUTE HEREIN SHOULD HAVE BEEN PROCESSED EITHER
 THROUGH THE UNFAIR LABOR PRACTICE PROCEDURES OF THE STATUTE OR THROUGH
 WHATEVER MECHANISMS MAY HAVE BEEN ESTABLISHED BY THE PARTIES TO HANDLE
 SUCH DISPUTES.  SEE NATIONAL TREASURY EMPLOYEES UNION AND NATIONAL
 TREASURY EMPLOYEES UNION, CHAPTER 71 AND INTERNAL REVENUE SERVICE,
 PHILADELPHIA SERVICE CENTER, PHILADELPHIA, PENNSYLVANIA, 4 FLRA NO.
 103(1980).
 
    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., NOVEMBER 18, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY