The respondent did not sign the collective agreement ratified by EU membership on February 21, 2001. The parties have not resumed negotiations on the collective agreement. Referring to various cases of the NLRB, NLRB v. Auciello IronWorks, 980 F.2d 804, 141 L.R.R.M 2955 (1st Cir. 1992), supplementary decision on remand, 317 N.L.R.R.B 364, 149 L R R.M. 1145 (1995), forced, 60 F.3d 24, 149 L.R.R.M 2897 (1st Cir. 1995) aff`d, 116 S.Ct. 1754, 152 L.R.R.M 2385 (1996); NLRB v. Roll – Hold Div., 957 F.2d 328, 139 L.R.R.M 2609 (7. Cir. 1992); Torrington Extend-A-Care Ass`n v. NLRB (Beverly Cal.
17 F.3d 580, 145 L.R.R.M 2648 (2. Cir. If there has not been a “meeting of spirits”, a refusal to execute an agreement does not constitute illegal behaviour. The Committee does not have the authority to hire an employer to carry out an agreement to which it has not committed. New Orleans Stevedoring Co. and General Longshoremen Workers, Local No. 3000, International Longshoremen`s Association, 308 NLRB 1081 (1992) (quote omitted). Negotiations on the new agreement began in July 2000. During the first round of negotiations, Kreisberg, Herman and Thoman kept an introductory note and explained their reasons for their work.
According to the Union witnesses, the respondent`s representatives never indicated during that meeting that any agreement reached by the parties would be subject to review by the OMB. (Tr. 84, 85, 239, 270, 271, 282, 305). Anthony Herman replied on 28 February 2001: “As we have informed you on several occasions, the interim agreement between FAA and AFSCME cannot become final without the agreement of the OMB if we have informed them at the formal negotiating table, in meetings with you and Gerry and in the latest emails. I am sorry to inform you that the OMB has not yet approved the interim agreement. Therefore, the implementation of the agreement at this stage would be inappropriate. We continue to hope that such an authorization will be granted soon. (G.C Ex. 16; Tr. 163). Section 7114, paragraph c, paragraph 1, states that: 1. An agreement between an agency and an exclusive representative is subject to the approval of the head of the Agency.
2. The Director of the Agency approves the contract within 30 days of the contract`s execution date, if the agreement is consistent with the provisions of this chapter and other applicable laws, regulations or regulations (unless the Agency has granted a waiver of this provision).