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14:0162(32)NG - AFGE Local 1625 and Fleet Combat Training Center, Atlantic, Navy -- 1984 FLRAdec NG

[ v14 p162 ]
The decision of the Authority follows:

 14 FLRA No. 32
                                            Case No. O-NG-899
    This matter is before the Authority pursuant to section 7105(A)(2)(E)
 of the Federal Service Labor-Management Relations Statute on a petition
 for review of a negotiability issue filed by the Union.  For the reasons
 indicated below, the Union's appeal must be dismissed.
    From the submissions of the parties, the record before the Authority
 in this case indicates that on June 21, 1983, the local parties executed
 a collective bargaining agreement and submitted it to the Secretary of
 the Navy for review and approval pursuant to section 7114(c) of the
 Statute.  Subsequently, in a memorandum addressed to the Commanding
 Officer of the Activity, the Secretary of the Navy disapproved a
 provision in the local parties' agreement as contrary to agency
 regulation.  It appears from the Agency's submission that this
 memorandum was served on the Union on July 29, 1983.
    Section 7114(c)(3) of the Statute provides that an agreement which
 has not been approved or disapproved by the Agency involved within 30
 days after the date of its execution becomes effective and binding on
 the parties on the 31st day, without the approval of the Agency, subject
 only to the requirements of applicable law, rule, or regulation.
    Consequently, since the Agency's disapproval was served on the Union
 more than 30 days after the contract was executed, the entire agreement
 as negotiated and executed by the parties became effective and binding
 on July 22, 1983.  Thus, the petition for review raises no dispute
 concerning the terms of such agreement which is cognizable under section
 7117 of the Statute.
    However, our conclusion that the petition is not cognizable in the
 present proceeding does not, of course, mean that any provisions in the
 agreement which are contrary to the Statute or any other applicable law,
 rule or regulation, are enforceable.  Rather, a question as to the
 validity of such provisions may be raised in other appropriate
 proceedings (such as grievance arbitration and unfair labor practice
 proceedings) and, if the agreement provisions are found to be violative
 of the Statute or any other applicable law, rule or regulation, they
 would not be enforceable but would be deemed void and unenforceable.
 American Federation of Government Employees, AFL-CIO, Local 1858 and
 U.S. Army Missile Command, Redstone Arsenal, Alabama, 4 FLRA 361(1980);
 Point Mugu Joint Council of National Association of Government
 Employees, Local R12-33 and National Federation of Federal Employees,
 Local 1374 and Department of the Navy, Pacific Missile Test Center,
 Point Mugu, California, 8 FLRA 389(1982).
    Accordingly, since the Union's petition for review does not meet the
 conditions for review under section 7117 of the Statute and section
 2424.1 of the Authority's Rules and Regulations, and apart from other
 considerations, it is hereby dismissed.
    For the Authority.
    Issued, Washington, D.C., March 26, 1984
                                       Harold D. Kessler, Director, Case