42 FLRA No. 9



	                         FEDERAL LABOR RELATIONS AUTHORITY
                                   	WASHINGTON, D.C.

	OVERSEAS EDUCATION ASSOCIATION
	(Union)

	and

	U.S. DEPARTMENT OF DEFENSE DEPENDENTS SCHOOLS
	(Agency)

                                   	0-NG-1948

	     
                         	ORDER DISMISSING PETITON FOR REVIEW

                              	September 13, 1991

	     

	The Union has filed a petition for review of negotiability issues in the 
above-captioned case.  The Agency has filed a statement of position on the
Union's petition, and the Union has filed a response.  For the reasons set
out below, the Union's petition for review must be dismissed.

	Part 2424 of the Authority's regulations, which governs petitions for 
review of negotiability issues, contemplates that proposals that are the 
focus of a dispute must have been subject to a declaration of 
nonnegotiability by the agency involved prior to the union's filing a 
negotiability appeal with the Authority.  See, for example, American 
Federation of Government Employees, Local 1513 and U.S. Department of the 
Navy, Naval Air Station, Whidbey Island, Oak Harbor, Washington, 36 FLRA 82 
(1990).

	The Agency, in its statement of position, states it has not declared 
"the matters  . . . to be outside the obligation to bargain".  In addition, 
the Union, in its response to the Agency's statement of position states:

     Since management's representative has stated in the agency's position 
    	dated July 16, 1991[,] that the proposals are negotiable at the national 
    	level, it would appear that the dispute is over which level is appropriate 
    	for the bargaining of these proposals.  The [Union] will pursue 
    	clarification of the negotiated agreement through the grievance and 
    	arbitration process.

     The Authority will consider a petition for review of a negotiability 
issue only where the parties are in dispute over whether a proposal is 
inconsistent with law, rule, or regulation.  5 U.S.C. § 7117(a); 5 
C.F.R. § 2424.1.  American Federation of Government Employees, Local 
12, AFL-CIO, and Department of Labor, 26 FLRA 768, 769 (1987).

	In this case, the Agency does not allege that the duty to bargain in 
good faith does not extend to the matter proposed to be bargained because, 
as proposed, the matter is inconsistent with law, rule, or regulation.  
Therefore, the Union's petition for review does not meet the conditions for 
review set forth in section 7117 of the Federal Service Labor-Management 
Relations Statute and sections 2424.1 and 2424.4 of the Authority's 
Regulations.

	Accordingly, the Union's petition for review is dismissed without 
prejudice to the Union's right to file an appeal if the conditions governing 
review are met and the Union chooses to file such an appeal.  See 5 C.F.R. 
Part 2424.  See National Association of Government Employees, Local R1-109 
and U.S. Department of Veterans Affairs, Medical Center, Newington, 
Connecticut, 38 FLRA 928, 931 (1990).

For the Authority.


		                              
    	    	    	    	    			Alicia N. Columna
    	    	    	    	    			Director, Case Control Office