Service Employees International Union, AFL-CIO, CLC, Local 100 and Department of Health and Human Services, Gillis W. Long Hansen's Disease Center Management (Authority decision, September 29, 1988)

Final FLRA decision. The Authority dismisses the negotiability petition after HHS withdraws its allegation that the disputed duty-hours proposal is outside the duty to bargain. An aggrieved person may seek judicial review of a reviewable final Authority order within 60 days after issuance under 5 U.S.C. § 7123(a); filing does not stay the order unless the court orders a stay under § 7123(c).

Plain-English summary

SEIU Local 100 proposed a change to duty hours for dietary employees at the Gillis W. Long Hansen's Disease Center. HHS initially declared the proposal nonnegotiable, and the union petitioned the Authority for review. HHS later withdrew its allegation that the disputed provisions were outside the duty to bargain. With no remaining negotiability dispute, the Authority dismissed the petition. The order does not decide the proposal's merits.

Decision snapshot

• Authority: Negotiability review under 5 U.S.C. §§ 7105(a)(2)(E) and 7117.
• Outcome: Petition dismissed after HHS withdrew its nonnegotiability allegation.
• Key point: The Authority had no dispute to decide once the agency withdrew its objection.

Full text (FLRA public release)

[ v32 p1267 ]
32:1267(173)NG

The decision of the Authority follows:

32 FLRA No. 173

UNITED STATES OF AMERICA

BEFORE THE

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

SERVICE EMPLOYEES INTERNATIONAL

UNION, AFL-CIO, CLC, LOCAL 100

Union

and

DEPARTMENT OF HEALTH AND HUMAN

SERVICES, GILLIS W. LONG

HANSEN'S DISEASE CENTER MANAGEMENT

Agency

Case No.0-NG-1532

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 during the course of negotiations, the Union submitted a proposal concerning a change of duty hours for dietary employees. By letter dated March 6, 1988, the Activity declared the Union's proposal to be nonnegotiable. The Union submitted a counterproposal to the Activity on March 14, 1988. On March 27, 1988, the Union filed a petition for review with the Authority for a ruling on whether the matter in dispute was within the duty to bargain. By letter dated September 21, 1988, the Agency withdrew its allegation that "the disputed provisions are outside the duty to bargain."

As there is no longer an issue before the Authority whether the matter in dispute is within the parties' duty to bargain under 5 U.S.C. § 7117, 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.)