National Association of Agricultural Employees and U.S. Department of Agriculture, Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Houston, Texas (Authority decision, September 26, 1988)

Final FLRA decision. The Authority dismisses the union's negotiability petition because the record contains no specific proposal for review. 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

The National Association of Agricultural Employees asked the Authority to review a negotiability dispute with USDA's plant protection and quarantine activity in Houston. The petition did not identify specific proposal language that had been presented for bargaining. The Authority ordered the union to supply that language or explain why the petition should remain open. In a late response, the union acknowledged it had not given the activity a specific written proposal. The Authority dismissed the petition without reaching any negotiability question.

Decision snapshot

• Authority: Negotiability petition requirements under 5 U.S.C. § 7117(c) and 5 C.F.R. § 2424.1.
• Outcome: Petition dismissed for lack of a sufficiently specific proposal.
• Key point: The Authority could not decide negotiability without the language proposed for bargaining.

Full text (FLRA public release)

[ v32 p1265 ]
32:1265(172)NG

The decision of the Authority follows:

32 FLRA No. 172

UNITED STATES OF AMERICA

BEFORE THE

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

NATIONAL ASSOCIATION OF

AGRICULTURAL EMPLOYEES

Union

and

U.S. DEPARTMENT OF AGRICULTURE

ANIMAL AND PLANT HEALTH

INSPECTION SERVICE, PLANT

PROTECTION AND QUARANTINE

HOUSTON, TEXAS

Activity

Case No. 0-NG-1573

ORDER

On July 28, 1988, the Union filed with the Authority a petition for review of negotiability issues pursuant to 5 U.S.C. § 7117(c) and 5 C.F.R. § 2424.1. The proposal presented by the Union is not sufficiently specific to enable the Authority to make a negotiability decision, and must be dismissed.

A petition for review which does not present a proposal sufficiently specific to enable the Authority to make a negotiability decision does not meet the conditions for review set forth in 5 U.S.C. § 7117(c) and 5 C.F.R. § 2424.1. See, e.g., Maritime/Metal Trades Council and Panama Canal Commission, 18 FLRA 326 (1985); and Fort Bragg Unit of North Carolina Association of Educators, National Education Association and Fort Bragg Dependents Schools, Fort Bragg, North Carolina, 12 FLRA 519 (1983). The conditions governing review of a negotiability issue include a requirement that there be "a matter proposed to be bargained." See, e.g., Federal Employees Metal Trades Council and Department of the Navy, Mare island Naval Shipyard, Vallejo, California, 10 FLRA 407 (1982).

In this case, the record contains no evidence that the Union proposed any specific language for negotiation. See, e.g., American Federation of Government Employees, Local 491 and Veterans Administration Medical Center, Bath, New York, 29 FLRA 462 (1987).

By Order issued August 26, 1988, the Authority directed the Union to file with the Authority by September 8, 1988, any specific proposal it presented to the Activity, and to show cause why its petition should not be dismissed.

In its untimely filed letter dated September 12, 1988, the Union admits that it did not propose any "written" specific proposal to the Activity.

Accordingly, the Union's petition for review 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.)