National Federation of Federal Employees, Local 1451 and Department of the Navy, Public Works Center, Naval Training Center, Orlando, Florida (Authority decision, July 31, 1987)

Final FLRA decision. The Authority dismisses NFFE Local 1451's negotiability petition after the Navy withdrew its allegation that the union's beeper 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

NFFE Local 1451 proposed that employees at an Orlando Navy public works center be allowed to carry beepers voluntarily. The Navy initially said the proposal was nonnegotiable, and the union filed a petition for Authority review. The Navy then withdrew that allegation. With no remaining negotiability dispute to decide, the Authority 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 withdrawal of the Navy's allegation.
• Key point: The Authority did not decide whether the voluntary beeper proposal was negotiable.

Full text (FLRA public release)

[ v28 p358 ]
28:0358(55)NG

The decision of the Authority follows:

28 FLRA NO. 55

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 1451

Union

and

DEPARTMENT OF THE NAVY, PUBLIC
WORKS CENTER, NAVAL TRAINING
CENTER, ORLANDO, FLORIDA

Activity

Case No. 0-NG-1425

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 on June 12, 1987, the Activity stated that the Union's proposal that employees be allowed to carry beepers on a voluntary basis was nonnegotiable. By letter dated June 15, 1987, the Union requested a written allegation of nonnegotiability from the Activity concerning its proposal. The Activity apparently did not respond to the Union's request. On July 8, 1987, pursuant to section 7117 of the Statute and sections 2424.1 and 2424.3 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 27, 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