AFGE Local 1931 and Naval Weapons Station Concord (Authority decision, May 24, 1985)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority on a negotiability petition. An aggrieved person may seek judicial review by filing a petition 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 Authority's order unless the court orders a stay under 5 U.S.C. § 7123(c).

Plain-English summary

AFGE sought review of a Navy allegation that revised proposals were nonnegotiable. The Navy withdrew that allegation after considering the revised proposals. With no live duty to bargain dispute remaining, the Authority dismissed the petition without reaching negotiability.

Decision snapshot

• Authority: Negotiability review under 5 U.S.C. § 7105(a)(2)(E).
• Outcome: Petition dismissed after agency withdrew its allegation.
• Key point: Withdrawal removed the question the Authority had been asked to decide.

Full text (FLRA public release)

[ v18 p247 ]

18:0247(32)NG

The decision of the Authority follows:

18 FLRA No. 32

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 1931
Union

and

U.S. DEPARTMENT OF THE NAVY
NAVAL WEAPONS STATION
CONCORD, CALIFORNIA
Activity

Case No. 0-NG-1103

ORDER DISMISSING PETITION FOR REVIEW

This case is before the Authority pursuant to section 7105(a)(2)(E) of the Federal Service Labor-Management Relations Statute on a petition for review of negotiability issues filed by the Union.

From the submissions of the parties, the record before the Authority in this case indicates that during the course of proceedings before the Federal Service Impasses Panel, the Activity by letter dated January 3, 1985, notified both the Panel and the Union that it considered certain issues before the Panel to be nonnegotiable. On February 11, 1985, pursuant to section 2424.3 of the Authority's Rules and Regulations, the Union filed a petition for review as to whether the disputed proposals were within the duty to bargain. The Union's petition was dismissed as untimely filed by the Authority's Order issued February 19, 1985 (17 FLRA No. 7). Upon a showing that service of the Activity's allegation of nonnegotiability to the Union was defective, the Authority by its Order issued March 12, 1985, granted the Union's timely request for reconsideration, rescinded its Order of February 19, 1985, and reopened the case for further processing. On March 18, 1985, the Union requested an allegation of nonnegotiability from the Activity. Having received no response to its request, the Union filed another petition for review with the Authority on April 19, 1985. By letter filed May 17, 1985, the Activity stated that after having carefully reviewed the Union's most recent petition for review, it wished to withdraw its determination of nonnegotiability as the Union had considerably revised the original proposals upon which its determination of nonnegotiability had been made.

Inasmuch as the Agency has withdrawn its allegation of nonnegotiability concerning the Union's proposals, there is no longer an issue as to whether the proposals in this case are within the parties' duty to bargain under the Statute.

Accordingly, and apart from other considerations, the petition for review in this case is hereby dismissed. For the Authority. Issued, Washington, D.C., May 24, 1985 Harold D. Kessler Managing Director for Case Processing

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, COUNCIL OF FIELD ASSESSMENT LOCALS, Union, and SOCIAL SECURITY ADMINISTRATION, OFFICE OF ASSESSMENT, Activity Case No. O-AR-714

DECISION