U.S. Federal Labor Relations Authority

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12:0054(15)NG - Overseas Education Association, Inc. and DOD Dependents Schools -- 1983 FLRAdec NG

[ v12 p54 ]
The decision of the Authority follows:

 12 FLRA No. 15
                                            Case No. O-NG-568
    This matter is before the Authority pursuant to section 7105(a)(2)(E)
 of the Federal Service Labor-Management Relations Statute (the Statute)
 on a petition for review relating to the negotiability of seven Union
 proposals.  For the reasons stated below, the Union's petition for
 review must be dismissed.
    Prior to the filing of the instant appeal the Authority had issued
 its Decision in Department of Defense Dependents Schools and Overseas
 Education Association, NEA, 6 FLRA No. 55 (1981), finding that a
 reorganization within the Agency involved herein had rendered existing
 bargaining units, some of which were represented by the Union, no longer
 appropriate.  Accordingly, the Authority directed, inter alia, that
 appropriate proceedings be conducted to resolve the questions concerning
 representation which had arisen.  In these circumstances, the parties
 herein have agreed to extend their expired collective bargaining
 agreement pending resolution of those questions.
    With regard to the present case, the parties had negotiated upon a
 proposed revision to the Agency's certification and recertification
 program for teachers.  However, on September 9, 1981, the Agency advised
 the Union that it was withdrawing its proposed change and, consequently,
 that there was no further obligation to bargain on proposals relating
 thereto.  The Union then initiated the instant appeal to the Authority,
 asserting that some elements of the change had already been unilaterally
 implemented by certain subdivisions of the Agency.  The Agency denies
 this, contending that any changes in implementation of the certification
 and recertification program at regional levels are a consequence of
 variations in interpretation of the existing agreement, which variations
 are appropriate for resolution under procedures contained in the
 collective bargaining agreement.
    Thus, the parties' dispute concerns whether the Agency has
 unilaterally implemented changes in the certification/recertification
 program and has refused to negotiate on such changes.  Such a dispute is
 not appropriate for resolution under the negotiability procedures
 established by section 7117 of the Statute and part 2424 of the
 Authority's Rules and Regulations.  Rather, the dispute concerns
 questions which are appropriate for resolution either by means of the
 unfair labor practice procedures under section 7118 of the Statute or
 mechanisms contained in the parties' negotiated agreement.  See National
 Federation of Federal Employees, Local 1430 and Department of the Navy,
 Northern Division, U.S. Naval Base, Philadelphia, Pennsylvania, 9 FLRA
 No. 157 (1982).
    Accordingly, apart from other considerations, IT IS HEREBY ORDERED
 that the Union's petition for review be, and it hereby is, dismissed.
 Issued, Washington, D.C., May 12, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY