Department of Health and Human Services, Social Security Administration, Region X, Seattle, Washington and American Federation of Government Employees, National Council of SSA Field Operations Locals, Region X, Seattle, Washington (Authority decision, December 31, 1987)

Final FLRA decision. The Authority dismisses the union's negotiability petition after the agency withdraws its allegation that the proposals are outside the duty to bargain. 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).

Plain-English summary

The Social Security Administration disapproved provisions in a local agreement negotiated with AFGE in Seattle. The union petitioned the Authority to review the agency's claim that the provisions were outside the duty to bargain. The agency later withdrew that claim. With no negotiability dispute left to decide, the Authority dismissed the petition without ruling on the provisions.

Decision snapshot

• Authority: Negotiability review under 5 U.S.C. § 7105(a)(2)(E).
• Outcome: Petition dismissed after the agency withdrew its allegation.
• Key point: The Authority had no remaining negotiability issue to decide.

Full text (FLRA public release)

[ v30 p670 ]

30:0670(82)NG

The decision of the Authority follows:

30 FLRA NO. 82
30 FLRA 670

31 DEC 1987

DEPARTMENT OF HEALTH AND HUMAN
SERVICES, SOCIAL SECURITY
ADMINISTRATION, REGION X,
SEATTLE, WASHINGTON

Agency

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, NATIONAL COUNCIL OF SSA
FIELD OPERATIONS LOCALS, REGION X,
SEATTLE, WASHINGTON

Union

Case No. 0-NG-1479

ORDER

The Union's petition for review of negotiability issues under 5 U.S.C. 7105(a)(2)(E) is dismissed.

On September 21, 1987, the local parties met and negotiated a Memorandum of Understanding. The agreement was executed and forwarded to the National Office (Activity) on September 28, 1987, for review and approval. In a memorandum dated October 27, 1987 and served on the Union on October 28, 1987, the Activity disapproved certain provisions in the local parties' agreement. The Union then filed a petition in response to the Agency's allegation that the Union's provisions were not within the Agency's duty to bargain. On December 9, 1987, the Agency withdrew the Activity's allegation of nonnegotiability.

Since the Agency has withdrawn the allegation concerning the Union's proposals, there is no longer an issue before the Authority whether the proposals are within the parties' duty to bargain under the Statute.

For the Authority.

Issued, Washington, D.C., December 31, 1987.

Harold D. Kessler
Acting Executive Director