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In this regard , although the Authority has yet to rule on the negotiability of proposals concerning the Internet , the General Counsel reasoned that access to the Internet should be viewed in the same manner as proposals which concern the use of telephones , faxes and e-mail - - various other tools of relaying information . Consequently , the negotiability of the disputed parts turns on whether the negotiated grievance procedure provided for in section 7121 of the Statute can be used to contest adverse actions against employees serving a second or successive temporary appointment . Agency 's and the Union 's exceptions to a recommended decision of an administrative law judge ( Judge ) concerning the negotiability of six provisions that had been disapproved by the Agency head under section 7114 ( c ) of the Statute . Moreover , the Union 's request , in effect , seeks an advisory opinion from the Authority on the negotiability of like proposals involving the use of official time . We also see no merit in the Respondent 's contention that the Judge should have rules on the negotiability of the terms of the memoranda and the Union 's proposal .