Services Employees' International Union, Local 556, AFL-CIO (Union) and Headquarters, 15th Air Base Wing (PACAF), Hickam Air Force Base, Hawaii (Activity) (Authority decision, September 19, 1980)

Final FLRA decision. This negotiability order ends the petition before the Authority. An aggrieved person may seek judicial review in a court of appeals within 60 days of issuance under 5 U.S.C. § 7123(a).

Plain-English summary

A union challenged Hickam Air Force Base’s claim that a reduction-in-force proposal conflicted with an Air Force regulation. After the appeal, the agency withdrew the nonnegotiability allegation. The Authority found no live dispute over the proposal and dismissed the petition as moot without deciding its merits.

Decision snapshot

• Authority: 5 U.S.C. § 7117.
• Outcome: Petition dismissed as moot after agency withdrawal.
• Key point: The withdrawn allegation left no negotiability issue.

Full text (FLRA public release)

[ v04 p227 ]

04:0227(34)NG

The decision of the Authority follows:

4 FLRA No. 34

SERVICE EMPLOYEES'
INTERNATIONAL UNION,
AFL-CIO, LOCAL 556
(Union)

and

HEADQUARTERS, 15TH AIR
BASE WING (PACAF),
HICKAM AIR FORCE BASE,
HAWAII
(Activity)

Case No. 0-NG-359

ORDER DISMISSING PETITION FOR REVIEW

THIS MATTER COMES BEFORE THE FEDERAL LABOR RELATIONS AUTHORITY
PURSUANT TO SECTION 7105(A)(2)(E) OF THE FEDERAL SERVICE
LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C. 7101 ET SEQ. (SUPP.
II(1978)).

THE RECORD IN THIS CASE INDICATES THAT DURING NEGOTIATIONS BETWEEN
THE ACTIVITY AND THE UNION, THE ACTIVITY ALLEGED THAT A UNION PROPOSAL
CONCERNING REDUCTION-IN-FORCE PROCEDURES WAS INCONSISTENT WITH A
DEPARTMENT OF THE AIR FORCE REGULATION AND, IN EFFECT, THAT THE DUTY TO
BARGAIN THEREFORE DID NOT EXTEND TO THE PROPOSAL. THE UNION SOUGHT THE
AUTHORITY'S DETERMINATION, PURSUANT TO SECTION 7117(A)(2) OF THE STATUTE
AND SECTION 2424.11 OF THE AUTHORITY'S RULES OF PROCEDURE (5 CFR
2424.11(1980)), AS TO WHETHER A COMPELLING NEED EXISTS FOR THE AGENCY
REGULATION IN QUESTION. SUBSEQUENTLY, IN ITS STATEMENT FILED PURSUANT
TO SECTION 2424.6 OF THE RULES (5 CFR 2424.6(1980)), THE AGENCY, IN
EFFECT, WITHDREW THE ACTIVITY'S ALLEGATION OF NONNEGOTIABILITY.

SINCE THE AGENCY HAS WITHDRAWN THE ALLEGATION CONCERNING THE UNION'S
PROPOSAL, THERE IS NO LONGER AN ISSUE AS TO WHETHER THE PROPOSAL IN THIS
CASE IS WITHIN THE PARTIES' DUTY TO BARGAIN UNDER THE STATUTE. THE
DISPUTE INVOLVED IN THE UNION'S APPEAL THEREFORE HAS BEEN RENDERED MOOT.
ACCORDINGLY,

IT IS HEREBY ORDERED THAT THE UNION'S PETITION FOR REVIEW HEREIN BE,
AND IT HEREBY IS, DISMISSED.

FOR THE AUTHORITY.

ISSUED, WASHINGTON, D.C., SEPTEMBER 19, 1980

HAROLD D. KESSLER, ACTING EXECUTIVE DIRECTOR

CERTIFICATE OF SERVICE

A COPY OF THE AUTHORITY'S ORDER DATED SEPTEMBER 19, 1980, IN THE
INSTANT CASE, SENT TO THE FOLLOWING:

MR. LAURENCE R. AH NEE, SR.

PRESIDENT, LOCAL 556

SERVICE EMPLOYEES' INTERNATIONAL

UNION, AFL-CIO

666 KOHOU STREET, ROOM 201

HONOLULU, HAWAII 96817

MR. DAVID H. GREEN, DIRECTOR

LABOR-MANAGEMENT RELATIONS

DEPARTMENT OF DEFENSE

OASD (MRA&L)

ROOM 3D264, THE PENTAGON

WASHINGTON, D.C. 20301

MR. DON A. DRESSER, CHIEF

LABOR RELATIONS DIVISION

DIRECTORATE OF CIVILIAN PERSONNEL

DEPARTMENT OF THE AIR FORCE

WASHINGTON, D.C. 20330