AFGE Council of Locals No. 214 and Air Force Logistics Command, Wright-Patterson Air Force Base (Authority decision, October 24, 1986)

Final FLRA decision. The Authority dismisses the petition because the parties resolved the disputed proposal in an agreement. An aggrieved person may seek judicial review of this final Authority order in an appropriate United States court of appeals within 60 days after issuance under 5 U.S.C. § 7123(a). Filing a petition does not stay the order unless the court orders a stay under § 7123(c).

Plain-English summary

After a court remanded a negotiability dispute, the Air Force Logistics Command and AFGE Council 214 signed a new master labor agreement covering the proposal at issue. The agency withdrew its claim that the proposal was nonnegotiable, and the union said no issue remained. The Authority dismissed the petition because there was no longer a dispute for it to decide.

Decision snapshot

• Authority: Negotiability review under 5 U.S.C. § 7105(a)(2)(E).
• Outcome: Petition dismissed after agreement and withdrawal of nonnegotiability claim.
• Key point: A resolved proposal left no live negotiability issue.

Full text (FLRA public release)

[ v23 p679 ]

23:0679(90)NG

The decision of the Authority follows:

23 FLRA No. 90

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, COUNCIL OF
LOCALS NO. 214
Union

and

DEPARTMENT OF THE AIR FORCE
AIR FORCE LOGISTICS COMMAND
WRIGHT-PATTERSON AIR FORCE BASE
OHIO
Agency

Case No. 0-NG-1002
19 FLRA No. 23

ORDER DISMISSING PETITION FOR REVIEW

This case is before the Authority pursuant to a remand from the United States Court of Appeals for the District of Columbia Circuit. AFGE, AFL-CIO, Council of Locals No. 214 v. FLRA, No. 85-1500 (D.C. Cir. August 26, 1986), reversing and remanding the Authority's decision in American Federation of Government Employees, AFL-CIO, National Council Locals No. 214 and Department of the Air Force, Air Force Logistics Command, Wright-Patterson Air Force Base, Ohio, 19 FLRA No. 23 (July 22, 1985).

On October 15, 1986, the Agency noting that the Air Force Logistics Command and AFGE Council No. 214 have signed a Memorandum of Agreement finalizing their renegotiated Master Labor Agreement, filed a request with the Authority asking to withdraw its allegation of nonnegotiability.

Inasmuch as the Agency has withdrawn its allegation of nonnegotiability concerning the Union's proposal, there is no longer an issue as to whether the proposal in this case is within the parties' duty to bargain under the Statute. See e.g. International Association of Machinists and Aerospace Workers, Lodge 2424 and Department of the Army, Aberdeen Proving Ground, Maryland, 23 FLRA No. 42 (1986); and American Federation of Government Employees, AFL-CIO, Local 1900 and Department of the Army, Headquarters, Fort Devens, Massachusetts, 21 FLRA No. 116 (1986). Moreover, the Authority has been advised telephonically by AFGE that no issue in the case remains outstanding as the parties have signed a Memorandum of Agreement which: (1) incorporates into their renegotiated Master Labor Agreement the proposal which had been at issue in AFGE's petition for review; (2) and resolves all other related issues.

Accordingly, and apart from other considerations, the petition for review in this case is hereby dismissed.

For the Authority.

Issued, Washington, D.C., October 24, 1986
/s/ Harold D. Kessler
Director of Case Management