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12:0304(66)NG - NFFE Local 1141 and Interior, Albany Research Center of the Bureau of Mines -- 1983 FLRAdec NG



[ v12 p304 ]
12:0304(66)NG
The decision of the Authority follows:


 12 FLRA No. 66
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 1141
 Union
 
 and
 
 DEPARTMENT OF THE INTERIOR,
 ALBANY RESEARCH CENTER
 OF THE BUREAU OF MINES
 Agency
 
                                            Case No. O-NG-515
 
                   ORDER DISMISSING PETITION FOR REVIEW
 
    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), and presents issues
 concerning the negotiability of ten Union proposals.  /1/ For the
 following reasons, the Union's petition for review must be dismissed.
 
    The record in this case indicates that the Union sought to negotiate
 ten proposals concerning the impact and implementation of the Agency's
 agreement with a local community college to use student volunteers at
 the Agency pursuant to 5 U.S.C. 3111.  However, the Agency contends that
 no change in personnel policies, practices or general working conditions
 resulted from the agreement, since it has been using such volunteers
 since the early 1960's, and the new volunteers will perform the same
 work as previous volunteers.  Consequently, the Agency asserts that, in
 the absence of any change in working conditions, it is under no
 obligation to bargain regarding the impact or implementation of the
 volunteer service agreement.  The Union, on the other hand, contends
 that changes in the working conditions of bargaining unit employees will
 result from the use of volunteers.
 
    Thus, a threshold factual dispute between the parties concerns
 whether, under these circumstances, the Agency has any duty to bargain
 over these proposals.  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 appropriate for resolution under
 the unfair labor practice procedures set forth in section 7118 of the
 Statute.  See National Treasury Employees Union and Department of the
 Treasury, U.S. Customs Service, Washington, D.C., 4 FLRA No. 62 (1980).
 
    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., July 14, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ The Agency's contention that the Union's petition for review
 should be dismissed as untimely cannot be sustained.  The record
 indicates that the Union, upon receiving an unrequested allegation of
 nonnegotiability, elected to exercise its right under section 2424.3 of
 the Authority's Rules and Regulations to submit a written request for
 another allegation.  Since the Union filed its petition for review
 within 15 days of service on it of the requested written allegation, its
 petition is timely in accordance with section 2424.3.  See National
 Production, Maintenance, and Public Employees Union, Local No. 1276,
 Affiliated with LIUNA, AFL-CIO and Defense Logistics Agency, Defense
 Depot Tracy, Tracy, California, 9 FLRA No. 127 (1982).