National Federation of Federal Employees, Local 466 and U.S. Department of Agriculture, Forest Service, Daniel Boone National Forest, Winchester, Kentucky (Authority decision, August 14, 1992)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority dismissing a negotiability appeal without prejudice. An aggrieved person may seek judicial review by filing a petition in an appropriate United States court of appeals within 60 days after issuance under 5 U.S.C. § 7123(a). Filing a petition does not stay the Authority's order unless the court orders a stay under 5 U.S.C. § 7123(c). This order does not decide whether the union's proposals are negotiable.

Plain-English summary

NFFE Local 466 petitioned for a negotiability ruling on proposals to the Daniel Boone National Forest. The Forest Service did not claim the proposals conflicted with law or regulation; it said the subjects were already covered by the parties' master agreement and limited to specified local bargaining provisions. The Authority held that its negotiability appeal process addresses disputes over conflicts with law, rule, or regulation, so the petition did not meet the conditions for review. It dismissed the petition without prejudice to a later appeal if those conditions are met. It said the contract coverage dispute belonged in another appropriate proceeding, such as a grievance or unfair labor practice case.

Decision snapshot

• Authority: 5 U.S.C. § 7117; 5 C.F.R. § 2424.1.
• Outcome: Petition dismissed without prejudice; no ruling on the proposals' negotiability.
• Key point: A claim that proposals are covered by a collective bargaining agreement does not itself create a negotiability dispute over law or regulation.

Full text (FLRA public release)

[ v45 p919 ]

45:0919(88)NG

The decision of the Authority follows:

45 FLRA No. 88

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

NATIONAL FEDERATION OF FEDERAL EMPLOYEES

LOCAL 466

(Union)

and

U.S. DEPARTMENT OF AGRICULTURE

FOREST SERVICE

DANIEL BOONE NATIONAL FOREST

WINCHESTER, KENTUCKY

(Agency)

0-NG-2061

ORDER DISMISSING PETITION FOR REVIEW

August 14, 1992

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

FOOTNOTES:
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have footnotes.)