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

Final FLRA decision. The Authority resolved a negotiability appeal. 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). Filing a petition does not stay the order unless the court orders a stay under 5 U.S.C. § 7123(c).

Plain-English summary

A union at the Army garrison in Yongsan, Korea sought review of proposals about using Korean currency at installation clubs. It also pursued an unfair-labor-practice charge over a payment policy. The General Counsel found no material change in working conditions and no bargaining obligation. The Authority held that this removed the live negotiability question and dismissed the appeal without deciding the proposals’ merits.

Decision snapshot

• Authority: 5 U.S.C. § 7105(a)(2)(E).
• Outcome: The appeal was dismissed as moot.
• Key point: With no duty to bargain over the policy change, the negotiability dispute was no longer live.

Full text (FLRA public release)

[ v08 p200 ]

08:0200(39)NG

The decision of the Authority follows:

8 FLRA No. 39

NATIONAL FEDERATION OF
FEDERAL EMPLOYEES, LOCAL 1363
Union

and

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

Case No. 0-NG-276

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 TWO UNION PROPOSALS CONCERNING THE USE
AND ACCEPTANCE OF KOREAN CURRENCY FOR SERVICES RENDERED IN CERTAIN CLUBS
AND MEMBERSHIP ASSOCIATIONS ON THE FEDERAL MILITARY INSTALLATION AT
YONGSAN, KOREA. SUBSEQUENTLY, THE UNION ALSO FILED WITH THE AUTHORITY
CHARGES THAT THE AGENCY HAD COMMITTED AN UNFAIR LABOR PRACTICE BY
ALLEGEDLY UNILATERALLY IMPLEMENTING A POLICY OF REQUIRING BARGAINING
UNIT EMPLOYEES TO PAY IN UNITED STATES DOLLARS FOR SERVICES IN THOSE
CLUBS AND ASSOCIATIONS. 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 WERE NOT WARRANTED. THE UNION
THEREUPON APPEALED THE REGIONAL DIRECTOR'S DETERMINATION TO THE GENERAL
COUNSEL. NOTING PARTICULARLY THAT BARGAINING UNIT EMPLOYEES EARN THEIR
SALARY IN UNITED STATES DOLLARS, THE GENERAL COUNSEL DENIED THE UNION'S
APPEAL " . . . SINCE IT WAS DETERMINED THAT THE IMPLEMENTATION OF (THE
AGENCY'S) DIRECTIVE EFFECTED NO MATERIAL CHANGE IN CONDITIONS OF
EMPLOYMENT . . . IN THE BARGAINING UNIT . . . " THUS, WITHOUT REACHING
THE QUESTION RAISED IN THE NEGOTIABILITY APPEAL OF WHETHER THE CURRENCY
TO BE USED IN THE INSTALLATION'S CLUBS CONSTITUTES A CONDITION OF
EMPLOYMENT OF BARGAINING UNIT EMPLOYEES, THE GENERAL COUNSEL DETERMINED
THAT, IN ANY EVENT, NO MATERIAL CHANGE IN WORKING CONDITIONS HAD BEEN
EFFECTED AND, THEREFORE, THE AGENCY HAD NO OBLIGATION TO BARGAIN OVER
PROPOSALS RELATING TO THAT ISSUE.

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 ISSUES RAISED
IN THE INSTANT APPEAL WERE RENDERED MOOT BY THE GENERAL COUNSEL'S
DETERMINATION THAT NO MATERIAL CHANGE HAD BEEN EFFECTED IN CONDITIONS OF
EMPLOYMENT AND, THEREFORE, THAT THE AGENCY WAS NOT OBLIGATED TO BARGAIN
OVER UNION PROPOSALS CONCERNING THAT ISSUE. 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., MARCH 11, 1982

RONALD W. HAUGHTON, CHAIRMAN

HENRY B. FRAZIER III, MEMBER

LEON B. APPLEWHAITE, MEMBER

FEDERAL LABOR RELATIONS AUTHORITY