[ v07 p186 ]
07:0186(27)NG
The decision of the Authority follows:
7 FLRA No. 27 NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 29 (Union) and KANSAS CITY DISTRICT CORPS OF ENGINEERS, KANSAS CITY, MISSOURI (Activity) Case No. O-NG-555 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 (5 U.S.C. 7101 ET SEQ.) ON A PETITION FOR REVIEW FILED BY THE UNION. FOR THE REASONS INDICATED BELOW, THE UNION'S APPEAL MUST BE DISMISSED. THE RECORD IN THIS CASE INDICATES THAT ON JULY 1, 1981, THE PARTIES SUBMITTED A LOCALLY EXECUTED COLLECTIVE BARGAINING AGREEMENT TO THE AGENCY FOR REVIEW AND APPROVAL PURSUANT TO SECTION 7114(C) OF THE STATUTE. BY LETTER SERVED ON THE UNION ON AUGUST 31, 1981, THE AGENCY NOTIFIED THE UNION THAT ALTHOUGH IT HAD NOT COMPLETED ITS SECTION 7114(C) REVIEW WITHIN THE STATUTORY 30-DAY TIME LIMIT, WHICH THEREBY RENDERED THE CONTRACT EFFECTIVE ON THE 31ST DAY AFTER EXECUTION, IT WAS DECLARING UNENFORCEABLE CERTAIN PROVISIONS OF THE AGREEMENT AS THEY WERE CONTRARY TO LAW AND APPROPRIATE REGULATION. THE UNION FILED THE INSTANT PETITION ON SEPTEMBER 15, 1981, REQUESTING A REVIEW OF THE PROVISIONS DECLARED UNENFORCEABLE. THE PARTIES AGREE THAT AS THE AGREEMENT WAS NOT APPROVED OR DISAPPROVED WITHIN 30 DAYS AFTER ITS EXECUTION, IT BECAME EFFECTIVE AND BINDING ON THE PARTIES ON THE 31ST DAY, WITHOUT THE APPROVAL OF THE AGENCY, SUBJECT ONLY TO THE REQUIREMENTS OF THE STATUTE AND ANY OTHER APPLICABLE LAW, RULE OR REGULATION. CONSEQUENTLY, SINCE THE ENTIRE AGREEMENT AS NEGOTIATED AND EXECUTED BY THE PARTIES BECAME EFFECTIVE AND BINDING ON JULY 31, 1981, THE PETITION FOR REVIEW RAISES NO DISPUTE CONCERNING THE TERMS OF SUCH AGREEMENT WHICH IS COGNIZABLE UNDER SECTION 7117 OF THE STATUTE. HOWEVER, OUR CONCLUSION THAT THE INSTANT PETITION IS NOT COGNIZABLE IN THE PRESENT PROCEEDING DOES NOT, OF COURSE, MEAN THAT ANY PROVISIONS IN THE AGREEMENT WHICH ARE CONTRARY TO THE STATUTE OR ANY OTHER APPLICABLE LAW, RULE OR REGULATION, ARE THEREBY ENFORCEABLE. RATHER, A QUESTION AS TO THE VALIDITY OF SUCH PROVISIONS MAY BE RAISED IN OTHER APPROPRIATE PROCEEDINGS (SUCH AS GRIEVANCE ARBITRATION AND UNFAIR LABOR PRACTICE PROCEEDINGS) AND, IF THE AGREEMENT PROVISIONS ARE THERE FOUND TO BE VIOLATIVE OF THE STATUTE OR ANY OTHER APPLICABLE LAW, RULE OR REGULATION, THEY WOULD NOT BE ENFORCEABLE BUT WOULD BE DEEMED VOID AND UNENFORCEABLE. AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 1858 AND U.S. ARMY MISSILE COMMAND, REDSTONE ARSENAL, ALABAMA, 4 FLRA NO. 47(1980). ACCORDINGLY, SINCE 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, AND APART FROM OTHER CONSIDERATIONS, IT IS HEREBY ORDERED THAT THE UNION'S APPEAL BE, AND IT HEREBY IS, DISMISSED. FOR THE AUTHORITY. ISSUED, WASHINGTON, D.C., NOVEMBER 12, 1981. JAMES J. SHEPARD, EXECUTIVE DIRECTOR