[ v15 p266 ]
The decision of the Authority follows:
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.