National Federation of Federal Employees, Local 1363 and U.S. Army Garrison, Yongsan, Korea (Authority decision, February 11, 1982)

Final FLRA decision. The Authority dismissed the union's negotiability appeal as moot without deciding whether the housing proposal was within the duty to bargain. Judicial review of a final Authority order is governed by 5 U.S.C. § 7123(a).

Plain-English summary

NFFE Local 1363 challenged the Army Garrison's refusal to bargain over allocation of government-controlled family housing for civilian employees. The union also filed an unfair labor practice charge, and it chose to pursue that charge first. A Regional Director found no change in the Garrison's housing policy and no obligation to bargain over a change. With that finding unappealed, the Authority concluded that the negotiability issue was moot. It dismissed the appeal without deciding whether housing allocation was a condition of employment. The order imposed no penalty.

Decision snapshot

• Authority: 5 U.S.C. § 7105(a)(2)(E).
• Outcome: Negotiability appeal dismissed as moot without a merits ruling.
• Key point: The Authority did not decide negotiability after the unappealed finding that no housing policy change occurred.

Full text (FLRA public release)

[ v08 p134 ]

08:0134(26)NG

The decision of the Authority follows:

8 FLRA No. 26

NATIONAL FEDERATION OF
FEDERAL EMPLOYEES, LOCAL 1363
Union

and

HEADQUARTERS, U.S. ARMY
GARRISON, YONGSAN, KOREA
Agency

Case No. 0-NG-173

ORDER DISMISSING NEGOTIABILITY APPEAL

THE PETITION FOR REVIEW IN THIS CASE COMES BEFORE THE FEDERAL LABOR
RELATIONS AUTHORITY (THE AUTHORITY) PURSUANT TO SECTION 7105(A)(2)(E) OF
THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE) (5
U.S.C. 7101 - 7135).

THIS APPEAL WAS FILED BASED ON THE AGENCY'S ALLEGATION THAT IT DID
NOT HAVE A DUTY TO BARGAIN OVER A UNION PROPOSAL CONCERNING THE
ALLOCATION OF GOVERNMENT-CONTROLLED FAMILY HOUSING WITH RESPECT TO
CIVILIAN EMPLOYEES IN THE AGENCY. SUBSEQUENTLY, THE UNION ALSO FILED
WITH THE AUTHORITY CHARGES THAT THE AGENCY HAD COMMITTED AN UNFAIR LABOR
PRACTICE BY ALLEGEDLY IMPLEMENTING AN ALLOCATION OF FAMILY HOUSING
WITHOUT NEGOTIATING WITH THE UNION. PURSUANT TO SECTIONS 2423.5 AND
2424.5 OF THE AUTHORITY'S RULES AND REGULATIONS (5 CFR 2423.5,
2424.5(1981)), THE UNION SELECTED TO PROCEED UNDER THE UNFAIR LABOR
PRACTICE CHARGE AND TO SUSPEND FURTHER ACTION ON THE NEGOTIABILITY
APPEAL.

UPON INVESTIGATION, THE REGIONAL DIRECTOR CONCLUDED THAT FURTHER
PROCEEDINGS ON THE UNION'S CHARGE WAS NOT WARRANTED. SPECIFICALLY, THE
REGIONAL DIRECTOR DETERMINED THAT THE AGENCY'S "EXISTING POLICY
REGARDING THE OCCUPANCY OF GOVERNMENT OWNED OR LEASED HOUSING (H)AS
REMAINED UNCHANGED." THUS, WITHOUT READING THE QUESTION RAISED IN THE
NEGOTIABILITY APPEAL OF WHETHER THE ALLOCATION OF FAMILY HOUSING
CONSTITUTES A CONDITION OF EMPLOYMENT OF BARGAINING UNIT EMPLOYEES, THE
REGIONAL DIRECTOR DETERMINED THAT, IN ANY EVENT, NO CHANGE IN AGENCY
POLICY HAD OCCURRED AND, THEREFORE, THE AGENCY HAD NO OBLIGATION TO
BARGAIN OVER PROPOSALS RELATING TO THAT POLICY. NO APPEAL OF THE
REGIONAL DIRECTOR'S DETERMINATION WAS TAKEN TO THE GENERAL COUNSEL.

IN THE ABSENCE OF A DUTY TO BARGAIN BETWEEN THE PARTIES TO THIS CASE,
ISSUES AS TO THE SCOPE OF BARGAINING, I.E., WHETHER THE PROPOSAL IN
DISPUTE HEREIN CONCERNS THE CONDITIONS OF EMPLOYMENT OF BARGAINING UNIT
EMPLOYEES, ARE NOT APPROPRIATE FOR RESOLUTION BY THE AUTHORITY. FOR THE
FOREGOING REASONS, IT IS CONCLUDED THAT THE NEGOTIABILITY ISSUE RAISED
IN THE INSTANT APPEAL WAS RENDERED MOOT BY THE REGIONAL DIRECTOR'S
DECISION THAT THE AGENCY'S POLICY REGARDING THE ALLOCATION OF FAMILY
HOUSING HAD NOT BEEN CHANGED AND, THEREFORE, THAT THE AGENCY WAS NOT
OBLIGATED TO BARGAIN OVER UNION PROPOSALS CONCERNING THAT POLICY. CF.
OVERSEAS EDUCATION ASSOCIATION AND DEPARTMENT OF DEFENSE, OFFICE OF
DEPENDENTS SCHOOLS, ALEXANDRIA, VIRGINIA, 7 FLRA NO. 11(1981)
(NEGOTIABILITY ISSUES WERE RENDERED MOOT BY THE AUTHORITY'S DECISION
THAT THE BARGAINING UNIT INVOLVED WAS NO LONGER APPROPRIATE).

ACCORDINGLY, WITHOUT PASSING ON THE MERITS OF THE DISPUTE, IT IS
ORDERED THAT THE UNION'S APPEAL BE, AND IT HEREBY IS, DISMISSED.

ISSUED, WASHINGTON, D.C., FEBRUARY 11, 1982

RONALD W. HAUGHTON, CHAIRMAN

HENRY B. FRAZIER III, MEMBER

LEON B. APPLEWHAITE, MEMBER

FEDERAL LABOR RELATIONS AUTHORITY