14:0759(100)NG - NAAE Branch 11 and Agriculture -- 1984 FLRAdec NG

 14 FLRA No. 100
 
 NATIONAL ASSOCIATION OF AGRICULTURE
 EMPLOYEES, BRANCH 11
 Union
 
 and
 
 DEPARTMENT OF AGRICULTURE
 Agency
 
                                            Case No. O-NG-715
 
                   ORDER DISMISSING NEGOTIABILITY APPEAL
 
    The petition for review in this case comes be fore the Authority
 pursuant to section 7105(a)(2)(E) of the Federal Service
 Labor-Management Relations Statute (the Statute).
 
    This appeal was filed based on the Agency's allegation that it did
 not have an obligation to bargain over the establishment of lunch
 periods with the petitioning local Union.  The Union also filed an
 unfair labor practice charge alleging that the Agency had committed an
 unfair labor practice by unilaterally implementing lunch periods without
 engaging in impact and implementation bargaining with the Union.
 Pursuant to section 2424.5 of the Authority's Rules and Regulations, the
 Union elected to proceed with the unfair labor practice charge and to
 suspend further action on the negotiability appeal.
 
    Upon investigation, the Regional Director concluded that further
 proceedings on the Union's charge were not warranted.  The Union
 thereupon appealed the Regional Director's determination to the General
 Counsel.  The General Counsel denied the Union's appeal, noting that the
 Union was a local component of a nationwide unit and that, unless
 altered by mutual agreement, the duty to bargain concerning conditions
 of employment therefore existed only at the national level.  The General
 Counsel further noted that the Union's national president had delegated
 authority to local components to bargain about the impact and
 implementation of the establishment of lunch periods, but had also
 expressly stated that "national policy changes shall be negotiated at
 the national level." Therefore, the General Counsel concluded that the
 Agency did not violate the Statute, because the local union had only
 sought to bargain over the establishment of lunch periods, a matter to
 which the Agency's duty to bargain at the local component level did not
 extend, but had not sought to negotiate related impact and
 implementation matters.
 
    In the absence of a duty to bargain between the parties, issues as to
 the scope of bargaining are not appropriate for resolution by the
 Authority.  National Federation of Federal Employees, Local 1363 and
 Headquarters, U.S. Army Garrison, Yongsan, Korea, 8 FLRA 200 (1982), and
 National Federation of Federal Employees, Local 1363 and Headquarters,
 U.S. Army Garrison, Yongsan, Korea, 8 FLRA 134 (1982).  Thus, inasmuch
 as the General Counsel has determined that there was no obligation on
 the Agency to bargain at the local level, except for impact and
 implementation proposals, the Authority concludes that the negotiability
 issue raised in the instant appeal is now moot.
 
    Accordingly, pursuant to section 2424.10 of the Authority's Rules and
 Regulation, IT IS ORDERED that the Union's petition for review be, and
 it hereby is, dismissed.  Issued, Washington, D.C., May 30, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY