National Association of Government Employees, Federal Union of Scientists and Engineers and Naval Underwater Systems Center (Authority decision, April 29, 1988)

Final FLRA decision. The Authority concludes that no negotiability issue remains after the agency withdraws its allegation that the union's proposal is 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

The union asked the Naval Underwater Systems Center for a written allegation that a proposal concerning a reorganization was nonnegotiable. The center did not respond, and the union petitioned the Authority to decide whether the proposal fell within the duty to bargain. The agency later withdrew its allegation of nonnegotiability. The Authority concluded that the withdrawal left no negotiability issue for it to decide.

Decision snapshot

• Authority: 5 U.S.C. § 7105(a)(2)(E).
• Outcome: No negotiability issue remained after withdrawal of the allegation.
• Key point: The Authority did not decide the merits of the proposal after the agency withdrew its objection.

Full text (FLRA public release)

[ v31 p1300 ]
31:1300(122)NG

The decision of the Authority follows:

31 FLRA NO. 122

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

Union

and

NAVAL UNDERWATER SYSTEMS CENTER

Activity

Case No. 0-NG-1528

ORDER

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 March 1, 1988, the Union requested in writing the Activity's allegation of nonnegotiability concerning the proposed reorganization. The Activity did not respond. The Union then filed its petition for review with the Authority on March 18, 1988, for a ruling on whether the disputed proposal was within the duty to bargain. On April 8, 1988, the Agency, on behalf of the Activity, withdrew the allegation of nonnegotiability.

Since the Agency has withdrawn the allegation concerning the Union's proposal, there is no longer an issue before the Authority whether the proposal is within the parties' duty to bargain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

For the Authority.

Issued, Washington, D.C., April 29, 1988.

Jacqueline R. Bradley
Executive Director