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 34 FLRA NO. 16




            FEDERAL PROFESSIONAL NURSES ASSOCIATION
                          LOCAL 2707

                              and

         U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
             FEDERAL EMPLOYEES OCCUPATIONAL HEALTH
                          REGION III

                           0-NG-1750

		ORDER DISMISSING PETITION FOR REVIEW

     		      December 29, 1989

     The Federal Professional Nurses Association, Local 2707
(Union) has filed a petition for review of negotiability issues
in the above-referenced case.

     On August 25, 1989, the Union requested a written allegation
of nonnegotiability from the U.S. Department of Health and Human
Services, Division of Federal Employee Occupational Health,
Region III (Agency) on eight proposals. The Agency in its August
29, 1989, response to the Union declared one proposal, No. 7, to
be nonnegotiable. On September 12, 1989, the Union filed its
petition for review of negotiability issues. On October 12, 1989,
the Agency, in its motion to dismiss the Union's petition for
review, withdrew its allegation of nonnegotiability on proposal
No. 7. The Agency further states that it "does not consider the
other proposals to be non-negotiable".

     The Union, in its response, contends that its petition
should not be dismissed. According to the Union, the Agency does
not intend to negotiate over the issue of the legality of the
proposed nurse reassignments. Further, the Union contends that
the Authority "is empowered under 5 U.S.C. 7117 to consider a
negotiability issue where, as in this case, the Union alleges
that Management's proposal violates applicable law." 

     The Authority will consider a petition for review of a
negotiability issue only when the parties are in dispute as to
whether a union proposal is inconsistent with law, including the
Statute, rule or regulation. In the present case, the Agency
withdrew its allegation that Proposal 7 is nonnegotiable and has
stated that it does not consider any of the other Union proposals
to be nonnegotiable.

     Accordingly, there is no dispute before the Authority as to
whether the Union's proposals are inconsistent with law, rule or
regulation. 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.

For the Authority.

Clyde B. Blandford, Jr.
Acting Executive Director

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