[ v05 p604 ]
05:0604(83)NG
The decision of the Authority follows:
5 FLRA No. 83 NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 476 (Union) and HEADQUARTERS, U.S. ARMY COMMUNICATIONS AND ELECTRONICS, MATERIEL READINESS COMMAND AND FORT MONMOUTH, FORT MONMOUTH, NEW JERSEY (Activity) Case No. 0-NG-363 ORDER DISMISSING APPEAL ON JULY 31, 1980, THE NATIONAL FEDERATION OF FEDERAL EMPLOYEES (THE UNION) FILED A PETITION FOR REVIEW WITH THE AUTHORITY IN THE ABOVE-ENTITLED CASE PURSUANT TO SECTION 2424.1 OF THE AUTHORITY'S RULES AND REGULATIONS (5 C.F.R. 2424.1(1980)) AND SECTION 7105(A)(2)(E) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C. 7101 ET SEQ.). FOR THE REASONS INDICATED BELOW, THE UNION'S PETITION FOR REVIEW MUST BE DISMISSED. AS PRESENTED IN THE UNION'S APPEAL, THE ESSENCE OF THE PARTIES' DISPUTE INVOLVES THE UNION'S PROPOSAL TO NEGOTIATE THE IMPACT ON REPRESENTED EMPLOYEES OF CONTRACTING OUT OF MOTOR VEHICLE MAINTENANCE AT THE ACTIVITY. HOWEVER, IT APPEARS THAT THE UNION HAS NOT PROPOSED SPECIFIC LANGUAGE FOR NEGOTIATION. WITHOUT SUCH SPECIFIC LANGUAGE, IT IS IMPOSSIBLE TO DETERMINE THE CONSISTENCY OF A PROPOSAL WITH LAWS, REGULATIONS OR THE STATUTE. THUS, THE INSTANT MATTER IN DISPUTE IS NOT SUFFICIENTLY DELINEATED SUCH AS TO PROVIDE A BASIS FOR NEGOTIABILITY DETERMINATION. IN THIS REGARD, IT IS WELL ESTABLISHED THAT A PETITION FOR REVIEW OF A NEGOTIABILITY ISSUE WHICH DOES NOT PRESENT A PROPOSAL SUFFICIENTLY SPECIFIC AND DELIMITED IN FORM AND CONTENT AS TO PERMIT THE AUTHORITY TO RENDER A NEGOTIABILITY DECISION THEREON DOES NOT MEET THE CONDITIONS FOR REVIEW SET FORTH IN SECTION 7117 OF THE STATUTE AND SECTION 2424.1 OF THE AUTHORITY'S RULES AND REGULATIONS. ASSOCIATION OF CIVILIAN TECHNICIANS, ALABAMA ACT AND STATE OF ALABAMA NATIONAL GUARD, CASE NO. 0-NG-27, 2 FLRA NO. 39(1979). IN THE INSTANT CASE, THE PROPOSAL IS NOT SUFFICIENTLY SPECIFIC AND DELIMITED IN FORM AND CONTENT AT THIS TIME TO PERMIT THE AUTHORITY TO RENDER A NEGOTIABILITY DECISION. ACCORDINGLY, FOR THE REASONS STATED HEREIN, AND APART FROM OTHER CONSIDERATIONS, IT IS HEREBY ORDERED THAT THE INSTANT APPEAL BE, AND IT HEREBY IS, DISMISSED. FOR THE AUTHORITY. ISSUED, WASHINGTON, D.C., MAY 15, 1981 JAMES J. SHEPARD, EXECUTIVE DIRECTOR