AFGE Local 2840 and Blytheville Air Force Base, Arkansas (Authority decision, March 14, 1980)

Final FLRA decision. The Authority dismissed the negotiability petition after the agency withdrew its allegation, leaving no live dispute for this appeal. Judicial review of final Authority orders is governed by 5 U.S.C. § 7123(a).

Plain-English summary

AFGE Local 2840 petitioned for review after Blytheville Air Force Base alleged that disputed matters were outside the duty to bargain. In its statement to the Authority, the agency effectively withdrew that allegation. The Authority held that the withdrawal made the appeal moot and dismissed it. It did not issue a negotiability ruling on the underlying matters.

Decision snapshot

• Authority: 5 U.S.C. § 7117(c)(3).
• Outcome: Negotiability appeal dismissed as moot.
• Key point: Withdrawal of the agency's nonnegotiability allegation ended the live dispute.

Full text (FLRA public release)

[ v02 p915 ]

02:0915(115)NG

The decision of the Authority follows:

2 FLRA No. 115

MR. RONALD D. KING
DIRECTOR
CONTRACT AND APPEALS DIVISION
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO
1325 MASSACHUSETTS AVENUE, NW.
WASHINGTON, D.C. 20005

RE: AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 2840 AND
BLYTHEVILLE AIR FORCE BASE,
ARKANSAS, Case No. 0-NG-221

DEAR MR. KING:

THIS REFERS TO THE UNION'S PETITION FOR REVIEW AND THE AGENCY'S
STATEMENT OF POSITION IN THE ABOVE-ENTITLED CASE.

THE AGENCY'S STATEMENT OF POSITION FILED PURSUANT TO SECTION
7117(C)(3) (92 STAT. 1206 (1978)) OF THE STATUTE AND SECTION 2424.6 OF
THE AUTHORITY'S REGULATIONS IN EFFECT WITHDREW THE AGENCY ALLEGATION
THAT THE MATTERS IN DISPUTE ARE NOT WITHIN THE DUTY TO BARGAIN. THE
DISPUTE INVOLVED IN THE UNION'S APPEAL WAS THEREBY RENDERED MOOT.

ACCORDINGLY, THE APPEAL IS DISMISSED.

FOR THE AUTHORITY.

SINCERELY,

SAMUEL A. CHAITOVITZ

EXECUTIVE DIRECTOR

CC: D. DRESSER

AIR FORCE