15:0266(56)NG - NTEU and IRS, Kansas City Service Center, Kansas City, MO -- 1984 FLRAdec NG

 15 FLRA No. 56
 
 NATIONAL TREASURY EMPLOYEES
 UNION
 Union
 
 and
 
 INTERNAL REVENUE SERVICE,
 KANSAS CITY SERVICE CENTER,
 KANSAS CITY, MISSOURI
 Agency
 
                                            Case No. O-NG-861
 
                   ORDER DISMISSING NEGOTIABILITY APPEAL
 
    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).
 
    The record indicates that the union sought to negotiate over an
 Agency change in certain incentive award criteria.  The Agency refused
 to bargain with the Union over the proposal which is the subject of the
 instant appeal alleging, among other things, that under the
 circumstances it had fulfilled its obligation to bargain.  /1/ In
 response to the Agency's refusal to bargain over the proposal, the Union
 filed the instant appeal and an unfair labor practice charge alleging
 that the Agency committed an unfair labor practice by implementing an
 incentive award program without first bargaining over the Union's
 proposals.  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.  Specifically, the
 Regional Director determined that the Agency did not have an obligation
 to bargain over the Union's proposal which is the subject of the instant
 appeal since the Union's proposal did not concern matters the Agency had
 proposed to change.  That is, while the Agency did propose to revise its
 incentive award criteria, it did not propose to revise those aspects of
 the incentive award program which the Union's proposal concerned.  Since
 the Agency had not proposed to revise those aspects of the incentive
 award program which the Union's proposal addressed, the Regional
 Director concluded that the Agency did not have an obligation to
 bargain.  No appeal of the Regional Director's determination was taken
 to the General Counsel.
 
    In the absence of a duty to bargain between the parties, issues as to
 whether a particular proposal is inconsistent with applicable law, rule
 or regulation 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, based upon the
 Regional Director's determination of no obligation on the part of the
 Agency to bargain, which was not appealed by the Union, it is concluded
 that any negotiability issue which might have been raised in the instant
 appeal is now moot.
 
    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., July 16, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ It is noted that the Union submitted a second proposal which is
 the subject of a separate negotiability appeal.