Federal Union of Scientists and Engineers, National Association of Government Employees and Naval Underwater Systems Center (Authority decision, July 31, 1987)

Final FLRA decision. The Authority dismisses the union's negotiability petition after the Naval Underwater Systems Center withdrew its allegation that a reduction-in-force appeals proposal was nonnegotiable. An aggrieved person may seek judicial review of a final Authority order by petitioning 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

The Federal Union of Scientists and Engineers proposed a contract term about reduction-in-force appeals at the Naval Underwater Systems Center. The center initially declared the proposal nonnegotiable, prompting the union to file a petition for Authority review. The center later withdrew that declaration. With no remaining dispute over the duty to bargain, the Authority dismissed the petition without deciding 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: The order leaves the proposal's negotiability undecided.

Full text (FLRA public release)

[ v28 p322 ]
28:0322(46)NG

The decision of the Authority follows:

28 FLRA NO. 46

FEDERAL UNION OF SCIENTISTS AND
ENGINEERS, NATIONAL ASSOCIATION OF
GOVERNMENT EMPLOYEES

Union

and

NAVAL UNDERWATER SYSTEMS CENTER

Activity

Case No. 0-NG-1421

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 issue filed by the Union.

The record in this case indicates that by letter dated June 22, 1987, the Activity declared the Union's proposal concerning reduction-in-force appeals to be nonnegotiable. On June 26, 1987, 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 21, 1987, 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Since the Agency has withdrawn the allegation concerning the Union's proposal, there is no longer an issue as to whether the proposal is within the parties' duty to bargain under the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., July 31, 1987.

Harold D. Kessler
Director of Case Management