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56 FLRA No. 133
National Association of Government Employees, Local R5-168 and U.S. Department of the Army Headquarters, Joint Readiness Training Center and Fort Polk, Fort Polk, Louisiana, Case No. 0-NG-2526 (Decided September 29, 2000)
This case concerned the negotiability of one proposal. The Authority dismissed the petition for review without prejudice.
The Authority noted that section 2424.30 of the Authority's Regulations establishes the procedure for resolving petitions for review that concern both negotiability disputes and bargaining obligation disputes. The Authority further noted that it will dismiss the petition for review where the petition raises a bargaining obligation dispute and the grievance concerns issues directly related to the petition for review. Under these circumstances, the dismissal will be without prejudice to the right of the union to refile the petition for review no later than thirty days after the grievance has been resolved administratively, including resolution pursuant to an arbitration award that has become final and binding. The Authority will then determine whether resolution of a refiled petition is still required.
Here, the petition for review raised the issue of whether the Agency's promulgation of its standards in AR 40-501 comported with the requirements set by OPM in 5 C.F.R. § 339.202. Similarly, the Union's grievance alleged, among other things, that the Agency failed to meet the standards set by OPM for an agency's establishment of its own medical standards for certain types of positions. The Union claimed that the Agency did not possess the requisite 50 percent or more of ATC positions in the government, and therefore must adhere to the medical qualification standards for ATCs prescribed by OPM. The Authority found that the Union's claim constituted a bargaining obligation dispute. Since the grievance concerned an issue directly related to the petition for review, the Authority dismissed the Union's petition for review, pursuant to section 2424.30(a).