National Association of Agriculture Employees, Branch 11 and Department of Agriculture (Authority decision, August 22, 1983)

Final FLRA decision. The Authority dismissed the negotiability petition described below. Under 5 U.S.C. § 7123(a), a person aggrieved by a final Authority order may generally seek judicial review within 60 days of issuance. A review petition does not itself stay the order.

Plain-English summary

A union sought a negotiability ruling on a proposal concerning supervisory overtime during negotiation of a local supplement. The Department of Agriculture argued that the national agreement did not require bargaining over that proposal at the local level. The Authority held that the threshold question was whether a local bargaining obligation existed, not whether the proposal was negotiable. It dismissed the petition and pointed to unfair labor practice or agreed dispute procedures.

Decision snapshot

• Authority: 5 U.S.C. § 7117.
• Outcome: Petition dismissed without a negotiability ruling.
• Key point: A dispute over whether local bargaining is required cannot be resolved through a negotiability appeal.

Full text (FLRA public release)

[ v12 p625 ]

12:0625(119)NG

The decision of the Authority follows:

12 FLRA No. 119

NATIONAL ASSOCIATION OF
AGRICULTURE EMPLOYEES, BRANCH NO. 11
Union

and

DEPARTMENT OF AGRICULTURE, ANIMAL
AND PLANT HEALTH INSPECTION AND
QUARANTINE
Agency

Case No. O-NG-592

ORDER DISMISSING PETITION FOR REVIEW

This petition for review comes before the Authority pursuant to section 7105(a)(2)(E) of the Federal Service Labor-Management Relations Statute (the Statute). For the following reasons it has been determined that the Union's petition must be dismissed.

The record indicates that during negotiation of a local supplement to a national agreement the Union submitted a proposal concerning supervisory overtime which it argues concerns "procedures to be implemented at the subordinate level and with working conditions." The Agency contends, inter alia, that pursuant to the national agreement "it is inappropriate to bargain a Subordinate Agreement at the District Office level on (this proposal)." Thus, the threshold dispute between the parties in this case concerns whether, under these circumstances, a bargaining obligation exists at the local level. Such a dispute does not give rise to a negotiability issue which may be resolved pursuant to section 7117 of the Statute. Rather, the issue involved should have been processed either through the unfair labor practice procedures of the Statute or through whatever mechanisms the parties may have adopted in their negotiated agreement to handle such disputes. See National Treasury Employees Union and National Treasury Employees Union, Chapter 71 and Internal Revenue Service, Philadelphia Service Center, Philadelphia, Pennsylvania, 4 FLRA No. 103 (1980).

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

Issued, Washington, D.C., August 22, 1983

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