American Federation of Government Employees, Local 3369 and Department of Health and Human Services, Social Security Administration, Flat Bush District Office (Authority decision, November 14, 1988)

Final FLRA decision. The Authority dismisses the union's negotiability petition because the parent agency withdrew the allegation that the proposal was nonnegotiable. The Authority does not decide the proposal's negotiability. 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 proposed a location for a designated smoking area at a Social Security Administration district office. The local activity declared the proposal nonnegotiable, and the union petitioned the Authority for review. The parent Department of Health and Human Services then asked to withdraw the nonnegotiability allegation. The Authority dismissed the petition because no dispute over the duty to bargain remained before it. It did not decide whether the proposed smoking area location was negotiable.

Decision snapshot

• Authority: Negotiability review under 5 U.S.C. § 7117.
• Outcome: Petition dismissed after the parent agency withdrew its nonnegotiability allegation.
• Key point: Withdrawal of the allegation removed the question the union had asked the Authority to decide.

Full text (FLRA public release)

[ v33 p827 ]
33:0827(96)NG

The decision of the Authority follows:

33 FLRA No. 96

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES

LOCAL 3369

and

DEPARTMENT OF HEALTH AND HUMAN
SERVICES

SOCIAL SECURITY ADMINISTRATION

FLAT BUSH DISTRICT OFFICE

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 22, 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 November 14, 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 dismissed.

For the Authority.

Issued, Washington, D.C.,

________
Clyde B. Blandford,
Jr.
Acting Executive Director

FOOTNOTES:
(If blank, the decision does not
have footnotes.)