American Federation of State, County and Municipal Employees, Local 2027 and ACTION (Authority decision, November 28, 1986)

Final FLRA decision. The Authority dismisses the union's negotiability petition after the agency withdraws its allegation that the proposals are nonnegotiable. An aggrieved person may seek judicial review of a 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

AFSCME Local 2027 sought review after ACTION said its proposals on time and attendance reporting were outside the duty to bargain. ACTION later withdrew that allegation. The Authority found there was no longer a negotiability issue to decide and dismissed the union's petition. It did not decide whether the proposals were negotiable.

Decision snapshot

• Authority: Negotiability review under 5 U.S.C. §§ 7105(a)(2)(E) and 7117.
• Outcome: Petition dismissed after ACTION withdrew its nonnegotiability allegation.
• Key point: With the allegation withdrawn, the Authority had no live negotiability question to resolve.

Full text (FLRA public release)

[ v24 p287 ]

24:0287(34)NG

The decision of the Authority follows:

24 FLRA No. 34

AMERICAN FEDERATION OF STATE,
COUNTY AND MUNICIPAL EMPLOYEES,
LOCAL 2027
Union

and

ACTION
Agency

Case No. 0-NG-1326

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.

The record in this case indicates that by letter dated September 4, 1986, the Agency declared the Union's proposals concerning time and attendance reporting procedures to be nonnegotiable. On September 19, 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 seeking a determination as to whether the disputed proposals were within the duty to bargain. Subsequently, in a letter dated October 20, 1986, the Agency withdrew the allegation of nonnegotiability.

Since the Agency has withdrawn the allegation concerning the Union's proposals, there is no longer an issue as to whether the proposals are within the parties' duty to bargain under the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., November 28, 1986
/s/ Harold D. Kessler
Director of Case Management