Point Mugu Joint Council of NAGE Local R12-33 and NFFE Local 1374 and Department of the Navy (Authority decision, April 15, 1982)

Final FLRA decision. The Authority dismissed a negotiability petition without reaching the proposal’s merits. An aggrieved person may seek judicial review of a final Authority order in a United States court of appeals within 60 days after issuance under 5 U.S.C. § 7123(a).

Plain-English summary

A Navy official disapproved a provision in a Point Mugu collective bargaining agreement more than 30 days after the parties signed it. Under 5 U.S.C. § 7114(c)(3), the agreement had already taken effect on day 31 without agency approval. The Authority found no negotiability dispute it could review and dismissed the union’s petition. It cautioned that a provision contrary to applicable law or regulation could still be challenged in another appropriate proceeding.

Decision snapshot

• Authority: 5 U.S.C. §§ 7114(c)(3) and 7117.
• Outcome: Petition dismissed without deciding the provision’s negotiability.
• Key point: Late agency disapproval did not create a negotiability appeal over an agreement already in effect.

Full text (FLRA public release)

[ v08 p389 ]

08:0389(78)NG

The decision of the Authority follows:

8 FLRA No. 78

POINT MUGU JOINT COUNCIL OF
NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES, LOCAL R12-33 AND
NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 1374
(Union)

and

DEPARTMENT OF THE NAVY,
PACIFIC MISSILE TEST CENTER,
POINT MUGU, CALIFORNIA
(Activity)

Case No. 0-NG-661

ORDER DISMISSING PETITION FOR REVIEW

THIS CASE IS BEFORE THE AUTHORITY PURSUANT TO SECTION 7105(A)(2)(B)
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 OR ABOUT DECEMBER 21, 1981,
THE LOCAL PARTIES EXECUTED A COLLECTIVE BARGAINING AGREEMENT AND
SUBMITTED IT TO THE SECRETARY OF THE NAVY FOR REVIEW AND APPROVAL
PURSUANT TO SECTION 7114(C) OF THE STATUTE. SUBSEQUENTLY, IN A
MEMORANDUM ADDRESSED TO THE COMMANDING OFFICER OF THE ACTIVITY, THE
SECRETARY OF THE NAVY DISAPPROVED A PROVISION IN THE LOCAL PARTIES'
AGREEMENT AS CONTRARY TO AGENCY REGULATION. THIS MEMORANDUM WAS SERVED
ON THE UNION ON FEBRUARY 4, 1982.

SECTION 7114(C)(3) OF THE STATUTE PROVIDES THAT AN AGREEMENT WHICH
HAS NOT BEEN APPROVED OR DISAPPROVED BY THE AGENCY INVOLVED WITHIN 30
DAYS AFTER THE DATE OF ITS EXECUTION BECOMES 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 AGENCY'S DISAPPROVAL WAS SERVED ON THE UNION
MORE THAN 30 DAYS AFTER THE CONTRACT WAS EXECUTED, THE ENTIRE AGREEMENT
AS NEGOTIATED AND EXECUTED BY THE PARTIES BECAME EFFECTIVE AND BINDING
ON JANUARY 21, 1982. THUS, 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., APRIL 15, 1982

JAMES J. SHEPARD, EXECUTIVE DIRECTOR