[ v02 p647 ]
02:0647(79)NG
The decision of the Authority follows:
2 FLRA No. 79 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2991 (Union) and DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, SOCIAL SECURITY ADMINISTRATION, EL PASO DISTRICT, TEXAS (Activity) Case No. 0-NG-191 DECISION ON NEGOTIABILITY APPEAL THIS CASE COMES BEFORE THE FEDERAL LABOR RELATIONS AUTHORITY (THE AUTHORITY) PURSUANT TO SECTION 7105(A)(2)(E) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE) (5 U.S.C. 7101 ET SEQ.). DURING THE TERM OF THE PARTIES' NEGOTIATED AGREEMENT, THE UNION REQUESTED NEGOTIATIONS ON THE STATISTICAL FORMS TO BE IMPLEMENTED FOR ACCOUNTABILITY OF VARIOUS GROUPS OF EMPLOYEES. IN RESPONSE TO THE UNION'S REQUEST, THE ACTIVITY STATED, IN PART: IF YOU HAVE A PROPOSAL THAT YOU WOULD LIKE TO NEGOTIATE YOU MAY SUBMIT IT AND WE WILL MAKE EVERY EFFORT TO DETERMINE IF THE ISSUE IS NEGOTIABLE. THE UNION SUBSEQUENTLY FILED THE INSTANT APPEAL WITH THE AUTHORITY, BUT DID NOT PROVIDE THE AUTHORITY WITH ANY SPECIFIC PROPOSAL ON THE MATTER WHICH IT SEEKS TO NEGOTIATE. IN ALL MATERIAL RESPECTS, THIS CASE IS SUBSTANTIALLY IDENTICAL TO ASSOCIATION OF CIVILIAN TECHNICIANS, ALABAMA ACT AND STATE OF ALABAMA NATIONAL GUARD, CASE NO. O-NG-27, 2 FLRA NO. 39(DEC. 28, 1979), REPORT NO. . . . . IN THAT CASE THE AUTHORITY DECIDED THAT A PETITION WHICH NEVER PRESENTED A PROPOSAL SUFFICIENTLY SPECIFIC AND DELIMITED IN FORM AND CONTENT AS TO PERMIT THE AUTHORITY TO RENDER A NEGOTIABILITY DECISION DID NOT MEET THE CONDITIONS FOR REVIEW. FOR THE REASONS FULLY SET FORTH IN THAT DECISION, THE INSTANT PETITION DOES NOT MEET THE CONDITIONS FOR REVIEW PRESCRIBED IN SECTION 7117 OF THE STATUTE AND SECTION 2424.1 OF THE AUTHORITY'S RULES OF PROCEDURE. IN CONCLUSION, THE UNION'S APPEAL DOES NOT MEET THE CONDITIONS FOR REVIEW UNDER SECTION 7117 OF THE STATUTE AND SECTION 2424.1 OF THE AUTHORITY'S RULES AND REGULATIONS. ACCORDINGLY, THE APPEAL IS DISMISSED. ISSUED, WASHINGTON, D.C., FEBRUARY 4, 1980 RONALD W. HAUGHTON, CHAIRMAN HENRY B. FRAZIER III, MEMBER LEON B. APPLEWHAITE, MEMBER FEDERAL LABOR RELATIONS AUTHORITY