Overseas Education Association and Department of Defense Dependents Schools (Authority decision, May 12, 1983)

Final FLRA decision. The Authority dismissed this negotiability appeal without a merits ruling. An aggrieved person may seek judicial review of a final Authority order in an appropriate United States court of appeals within 60 days after issuance under 5 U.S.C. § 7123(a).

Plain-English summary

The teachers' union petitioned over seven proposals concerning the Defense Department schools' certification program. The agency said it had withdrawn the proposed program change, while the union claimed some parts had already been implemented. The Authority found that the actual dispute was whether the agency had changed the program without bargaining. That question belonged in unfair labor practice procedures or the parties' agreement process, so it dismissed the negotiability petition without deciding the proposals.

Decision snapshot

• Authority: Negotiability procedure under 5 U.S.C. § 7117; unfair labor practice procedure under § 7118.
• Outcome: Negotiability petition dismissed; alleged unilateral change left to other procedures.
• Key point: A dispute over whether a change occurred was not a negotiability question.

Full text (FLRA public release)

[ v12 p54 ]

12:0054(15)NG

The decision of the Authority follows:

12 FLRA No. 15

OVERSEAS EDUCATION ASSOCIATION, INC.
Union

and

DEPARTMENT OF DEFENSE DEPENDENTS
SCHOOLS
Agency

Case No. O-NG-568

ORDER DISMISSING PETITION FOR REVIEW

This matter is before the Authority pursuant to section 7105(a)(2)(E) of the Federal Service Labor-Management Relations Statute (the Statute) on a petition for review relating to the negotiability of seven Union proposals. For the reasons stated below, the Union's petition for review must be dismissed.

Prior to the filing of the instant appeal the Authority had issued its Decision in Department of Defense Dependents Schools and Overseas Education Association, NEA, 6 FLRA No. 55 (1981), finding that a reorganization within the Agency involved herein had rendered existing bargaining units, some of which were represented by the Union, no longer appropriate. Accordingly, the Authority directed, inter alia, that appropriate proceedings be conducted to resolve the questions concerning representation which had arisen. In these circumstances, the parties herein have agreed to extend their expired collective bargaining agreement pending resolution of those questions.

With regard to the present case, the parties had negotiated upon a proposed revision to the Agency's certification and recertification program for teachers. However, on September 9, 1981, the Agency advised the Union that it was withdrawing its proposed change and, consequently, that there was no further obligation to bargain on proposals relating thereto. The Union then initiated the instant appeal to the Authority, asserting that some elements of the change had already been unilaterally implemented by certain subdivisions of the Agency. The Agency denies this, contending that any changes in implementation of the certification and recertification program at regional levels are a consequence of variations in interpretation of the existing agreement, which variations are appropriate for resolution under procedures contained in the collective bargaining agreement.

Thus, the parties' dispute concerns whether the Agency has unilaterally implemented changes in the certification/recertification program and has refused to negotiate on such changes. Such a dispute is not appropriate for resolution under the negotiability procedures established by section 7117 of the Statute and part 2424 of the Authority's Rules and Regulations. Rather, the dispute concerns questions which are appropriate for resolution either by means of the unfair labor practice procedures under section 7118 of the Statute or mechanisms contained in the parties' negotiated agreement. See National Federation of Federal Employees, Local 1430 and Department of the Navy, Northern Division, U.S. Naval Base, Philadelphia, Pennsylvania, 9 FLRA No. 157 (1982).

Accordingly, apart from other considerations, IT IS HEREBY ORDERED that the Union's petition for review be, and it hereby is, dismissed.

Issued, Washington, D.C., May 12, 1983

Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY