Click here to view the decision.
56 FLRA No. 8
AFGE, Local 48 and U.S. Dept. of Interior, Bureau of Indian Affairs Olympic Peninsula Agency, Aberdeen, Washington, Case No. 0-NG-2480 (Decided February 29, 2000)
The Authority dismissed the Union's petition for review after finding that it failed to meet the conditions governing review of a negotiability appeal. The Authority noted that a union is required to submit the express language of the proposal(s) to an agency for consideration prior to filing a petition for review. Additionally, a petition for review must contain a copy of the allegation, in writing, that the matter, as proposed, is not within the duty to bargain in good faith.
Here, the Authority concluded that Enclosure 1 did not constitute a proposal. The Authority found that Enclosure 1 was a request to bargain on alleged changes to working conditions, rather than a specific matter proposed to be bargained. Thus, it did not satisfy the conditions governing review of negotiability issues, as set forth in 5 C.F.R. Part 2424.
As to Enclosure 2, the Authority found that it was never submitted to the Agency prior to filing the petition for review. The Authority noted that the record failed to establish that the Union submitted the recommendations found in Enclosure 2 to the Agency before filing its petition for review. Accordingly, the Authority concluded that while the recommendations found in Enclosure 2 may constitute specific proposals, it was not properly before the Authority.