American Federation of Government Employees, Local 3369 and Social Security Administration, Cypress Hills District Office (Authority decision, February 9, 1988)

Final FLRA decision. The Authority dismisses a negotiability petition after the parent agency withdraws the local office's allegation that the union proposal was nonnegotiable. 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

AFGE Local 3369 sought a ruling on whether its proposal about the location of a designated smoking area at the Cypress Hills Social Security office was negotiable. The local office had declared the proposal nonnegotiable. The parent agency then withdrew that allegation. With no negotiability dispute left to decide, the Authority dismissed the union's petition without reaching 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 nonnegotiability allegation.
• Key point: The Authority had no negotiability issue to decide once the agency withdrew its objection.

Full text (FLRA public release)

[ v31 p15 ]
31:0015(4)NG

The decision of the Authority follows:

31 FLRA NO. 4

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 3369

Union

and

SOCIAL SECURITY ADMINISTRATION
DISTRICT OFFICE
CYPRESS HILLS, NEW YORK

Activity

Case No. 0-NG-1489

ORDER DISMISSING PETITION FOR REVIEW

This case is before the Authority pursuant to 5 U.S.C. 7105(a)(2)(E) on a petition for review of a negotiability issue filed by the Union.

The record in this case indicates that by letter dated November 18, 1987, the local Activity declared the Union's proposal concerning the location of the designated smoking area to be nonnegotiable. On December 3, 1987, pursuant to 5 U.S.C. 7117 and 5 C.F.R. 2424.1 and 2424.3, the Union filed a petition for review with the Authority for a ruling on whether the disputed proposal was within the duty to bargain.

By letter dated February 3, 1988, the parent Agency, the Department of Health and Human Services, filed a request with the Authority asking to withdraw the allegation of nonnegotiability. Therefore, there is no longer an issue before the Authority whether the proposal in this case is within the parties' duty to bargain under 5 U.S.C. 7117.

Accordingly, and apart from other considerations, the petition for review in this case is hereby dismissed.

For the Authority.

Issued, Washington, D.C.,February 9, 1988

Jacqueline R. Bradley
Executive Director