[ v45 p919 ]
The decision of the Authority follows:
45 FLRA No. 88
The Union has filed a petition for review of negotiability issues in the above-captioned case. For the reasons set out below, the Union's petition for review does not meet the conditions governing review of negotiability issues and must be dismissed.
Under section 7117 of the Federal Labor Management Relations Statute (Statute) and section 2424.1 of the Authority's Regulations, the Authority will consider a petition for review of a negotiability issue only where the parties are in dispute over whether a proposal is inconsistent with law, rule, or regulation. American Federation of Government Employees, Local 12, AFL-CIO, and Department of Labor, 26 FLRA 768, 769 (1987). Where the conditions for review of negotiability issues are met, a Union is entitled to a decision as to whether a proposal is negotiable under the Statute. See American Federation of Government Employees, AFL-CIO, Local 2736 v. FLRA, 715 F.2d 627, 631 (D.C. Cir. 1983).
In this case, the Agency does not dispute the negotiability of the proposals by claiming that they are inconsistent with law, rule, or regulation. The Agency only contends, in its April 17, 1992, responses to the Union's proposals, that the proposals are covered by the parties' master agreement (Article 20.5a and 20.9) and that the "contract is very specific on the articles that are negotiable at the local level." Under these circumstances, the petition for review does not meet the conditions governing review of negotiability issues. See Overseas Education Association and U.S. Department of Defense, Dependents Schools, FPO, Seattle, 42 FLRA 197, 200 (1991) and National Association of Government Employees, Local R1-109 and U.S. Department of Veterans Affairs, Medical Center, Newington, Connecticut, 38 FLRA 928, 931 (1990).
Accordingly, we will dismiss the Union's petition for review, without prejudice to the Union's right to file a negotiability appeal if the conditions governing review of negotiability issues are met and if the Union chooses to file such an appeal. See American Federation of Government Employees, Local 85 and Veterans Administration Medical Center, Leavenworth, Kansas, 30 FLRA 400, 401-02 (1987). To the extent that the parties continue to dispute whether the subject matter of these proposals is covered by the parties' agreement, that dispute should be resolved in other appropriate proceedings, such as the parties' negotiated grievance procedure or the unfair labor practice procedure under section 7116 of the Statute.
For the Authority.
Alicia N. Columna
Director, Case Control Office
(If blank, the decision does not have footnotes.)