National Federation of Federal Employees, Local 589 and Veterans Administration Medical Center, Jackson, Mississippi (Authority decision, November 22, 1988)

Final FLRA decision. The Authority dismisses the union's negotiability petition because the agency withdrew its allegation that the proposal was nonnegotiable. The Authority does not rule on 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

NFFE Local 589 proposed that the Jackson Veterans Administration Medical Center notify its designated union representative before creating isolated pharmacist positions or assignments and rotate isolated assignments quarterly. The agency initially declared the proposal nonnegotiable, and the union petitioned for Authority review. The agency then asked to withdraw that allegation. With no remaining allegation to review, the Authority dismissed the petition without deciding whether the proposal was within the duty to bargain.

Decision snapshot

• Authority: Negotiability review under 5 U.S.C. § 7117.
• Outcome: Petition dismissed after the agency withdrew its nonnegotiability allegation.
• Key point: Withdrawal of the agency's objection left no negotiability dispute for the Authority to decide.

Full text (FLRA public release)

[ v33 p828 ]
33:0828(97)NG

The decision of the Authority follows:

33 FLRA No. 97

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES

LOCAL 589

and

VETERANS ADMINISTRATION

VETERANS ADMINISTRATION MEDICAL
CENTER

JACKSON, MISSISSIPPI

0-NG-1608

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 October 3, 1988, the Agency declared the Union's proposal that the Agency notify the designated Union representative prior to establishing any isolated position or work assignment regarding certain pharmacist employees and rotate isolated work assignments on a quarterly basis to be nonnegotiable. On October 14, 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 the disputed proposal was within the duty to bargain.

By letter dated November 16, 1988, the Agency 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.)