IAM Lodge 2424 and Department of the Army, Aberdeen Proving Ground (Authority decision, August 27, 1986)

Final FLRA decision. The Authority dismisses the union's negotiability petition after the agency withdraws its allegation. An aggrieved person may petition an appropriate United States court of appeals for review within 60 days after issuance under 5 U.S.C. § 7123(a).

Plain-English summary

IAM Lodge 2424 appealed Aberdeen Proving Ground's claim that a proposal about mutual rights and obligations was outside the duty to bargain. After the union filed its petition, the agency withdrew the nonnegotiability allegation. The Authority found that no negotiability issue remained for it to decide. It dismissed the petition without ruling on the proposal's merits.

Decision snapshot

• Authority: Negotiability review under 5 U.S.C. §§ 7105(a)(2)(E) and 7117.
• Outcome: Petition dismissed after the agency withdrew its allegation.
• Key point: Withdrawal of the disputed allegation left no negotiability question to decide.

Full text (FLRA public release)

[ v23 p328 ]

23:0328(42)NG

The decision of the Authority follows:

23 FLRA No. 42

INTERNATIONAL ASSOCIATIONS OF MACHINISTS
AND AEROSPACE WORKERS, LODGE 2424
Union

and

DEPARTMENT OF THE ARMY
ABERDEEN PROVING GROUND, MARYLAND
Agency

Case No. 0-NG-1295

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 a negotiability issued filed by the Union.

The record in this case indicates that by letter dated June 20, 1986, the Activity declared the Union's proposal concerning Mutual Rights and Obligations to be nonnegotiable. On July 7, 1986, pursuant to section 7117 of the Statute and section 2424.1 of the Authority's Rules and Regulations, the Union filed a petition for review as to whether the disputed proposal was within the duty to bargain. Subsequently, in a letter dated July 16, 1986, the Agency withdrew the allegation of nonnegotiability.

Since the Agency has withdrawn the allegation concerning the Union's proposal, there is no longer an issue as to whether the proposal is within the parties' duty to bargain under the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., August 27, 1986.
/s/ Harold D. Kessler
Director of Case Management