12:0314(69)NG - NTEU and Treasury, IRS, Ogden Service Center, Ogden, UT -- 1983 FLRAdec NG

 12 FLRA No. 69
 
 NATIONAL TREASURY EMPLOYEES UNION
 Union
 
 and
 
 DEPARTMENT OF THE TREASURY,
 INTERNAL REVENUE SERVICE
 OGDEN SERVICE CENTER, OGDEN,
 UTAH
 Agency
 
                                            Case No. O-NG-697
 
                   ORDER DISMISSING PETITION FOR REVIEW
 
    The petition for review in this case comes before the Authority
 pursuant to section 7105(a)(2)(E) of the Federal Service
 Labor-Management Relations Statute (the Statute), and presents issues
 relating to the negotiability of seven Union proposals.  For the
 following reasons, the Union's petition for review must be dismissed.
 /1/
 
    The record indicates that the Union sought to negotiate over proposed
 changes to the method of accounting for employee work time in the
 Agency's collection branch.  The Agency contends, inter alia, that such
 changes were proposed to comply with the requirements of the parties'
 master agreement and that the instant appeal, in essence, constitutes a
 dispute over interpretation of that agreement.  The Agency also asserts
 that it is under no obligation to bargain because the proposed changes
 will only minimally affect the working conditions of bargaining unit
 employees.
 
    The Authority concludes that the circumstances herein do not give
 rise to a negotiability dispute which the Authority may properly review
 at this time pursuant to section 7117 of the Statute and part 2424 of
 the Authority's Rules and Regulations.  The essence of the dispute
 between the parties now concerns the question of the Agency's obligation
 to bargain, i.e., whether the changes initiated by management are
 consistent with relevant provisions of the parties' master agreement
 and/or whether local working conditions have in fact been changed, and
 not the negotiability of the proposals themselves.  Thus, resolution of
 the dispute, which may involve factual issues, should be accomplished
 through use of whatever mechanisms the parties have established for that
 purpose in their negotiated agreement or by means of the investigatory
 and formal hearing procedures established for reviewing unfair labor
 practice charges under section 7118 of the Statute and part 2423 of the
 Authority's Rules and Regulations.  See, e.g., Overseas Education
 Association, Inc. and Department of Defense Dependents Schools, 12 FLRA
 No. 15 (1983).  Indeed, the Union has filed such an unfair labor
 practice charge.
 
    Accordingly, apart from other considerations, IT IS ORDERED that the
 Union's petition for review be, and it hereby is, dismissed.  
 
 Issued, Washington, D.C., July 14, 1983
 
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ The Union's response to the Agency's statement of position was
 not filed with the Authority within the time limits required by section
 2424.7 of the Authority's Rules and Regulations and, thus, has not been
 considered.