[ v19 p812 ]
The decision of the Authority follows:
19 FLRA No. 98 NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 1363 Union and DEPARTMENT OF THE ARMY HEADQUARTERS, U.S. ARMY GARRISON, YONGSAN, KOREA Agency Case No. O-NG-1048 ORDER DISMISSING PETITION FOR REVIEW This case is before the Authority pursuant to section 7105(a)(2)(E) of the Federal Service Labor-Management Relations Statute (the Statute) on a petition for review of negotiability issues filed by the Union. The record before the Authority indicates that the local activity informed the Union that it planned to change funding procedures for over water travel which would affect bargaining unit employees. In response, the Union submitted a proposal and in writing requested a written nonnegotiability allegation from the Agency. When the Agency did not respond after ten days, the Union filed the instant petition for review with the Authority without a written nonnegotiability allegation pursuant to section 2424.3 of the Authority's Rules and Regulations, as to whether the disputed proposal was within the duty to bargain. Subsequently, in a letter to the Authority, dated September 18, 1984, the Agency requested that the Union's petition for review be dismissed as being prematurely filed because "(n)o allegation of nonnegotiability was made, nor is an allegation being made now." In these circumstances, i.e., since the Agency has stated in effect that it does not view the proposal as nonnegotiable, there is no issue as to whether this proposal is within the duty to bargain under the Statute. /1/ Accordingly, and apart from other considerations, the petition for review in this case is hereby dismissed without prejudice to the Union refiling should the Agency assert the proposal to be nonnegotiable in the future. Issued, Washington, D.C., August 19, 1985 Henry B. Frazier III, Acting Chairman William J. McGinnis, Jr., Member FEDERAL LABOR RELATIONS AUTHORITY --------------- FOOTNOTES$ --------------- /1/ Cf. American Federation of Government Employees, AFL-CIO, Local 3028 and Department of Health and Human Services, Public Health Service, Alaska Area Native Health Service, 13 FLRA 697 (1984) (wherein the Authority found that failure to respond to a union's request for an allegation was a constructive declaration of nonnegotiability so as to give rise to a right of appeal).