National Association of Government Employees, Local R14-52 and Department of the Army, Red River Army Depot (Authority decision, May 20, 1988)

Final FLRA decision. The Authority dismisses a negotiability petition after the Army withdraws its claim that the disputed provision is 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 Army disapproved a negotiated provision concerning smoking in government vehicles when no nonsmoker was present. NAGE Local R14-52 petitioned the Authority to decide whether that provision was negotiable. The Army then withdrew its allegation that the provision was outside the duty to bargain. Because there was no longer a negotiability dispute before it, the Authority dismissed the petition without ruling on the provision's merits.

Decision snapshot

• Authority: Negotiability review under 5 U.S.C. §§ 7105(a)(2)(E) and 7117.
• Outcome: Petition dismissed after withdrawal of the nonnegotiability allegation.
• Key point: With no live allegation that the provision was nonnegotiable, the Authority had no issue to decide.

Full text (FLRA public release)

[ v32 p156 ]
32:0156(22)NG

The decision of the Authority follows:

32 FLRA No. 22

UNITED STATES OF AMERICA

BEFORE THE

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

NATIONAL ASSOCIATION OF GOVERNMENT

EMPLOYEES, LOCAL R14-52

Union

and

DEPARTMENT OF THE ARMY

RED RIVER ARMY DEPOT

TEXARKANA, TEXAS

Activity

Case No. 0-NG-1552

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 the parties executed a negotiated agreement, which was submitted to the U.S. Army Materiel Command for review and approval in accordance with 5 U.S.C. § 7114(c). By letter dated April 22, 1988, the reviewing official transmitted to the parties the disapproval of six specific provisions of the negotiated agreement. On May 6, 1988, 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 one of the disputed provisions was within the duty to bargain. The provision concerns smoking in government vehicles in the absence of a nonsmoker.

By letter dated May 16, 1988, the parent Agency, the Department of the Army, filed a request with the Authority asking to withdraw the allegation of nonnegotiability with respect to the provision before the Authority. Therefore, there is no longer an issue before the Authority whether the provision 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.,

_________
Jacqueline R. Bradley

Executive Director

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