American Federation of Government Employees, Local 997 and Maxwell Air Force Base, Montgomery, Alabama (Authority decision, June 4, 1982)

Final FLRA decision. The Authority dismissed the union's negotiability appeal as moot. Under 5 U.S.C. § 7123(a), an aggrieved party may seek judicial review of a final Authority order within 60 days of issuance.

Plain-English summary

Maxwell Air Force Base disapproved provisions in a local labor agreement, saying they conflicted with an agency regulation. The union petitioned the Authority to decide whether the provisions were negotiable. The agency then withdrew its claim that they were outside the duty to bargain. Because the dispute no longer presented a negotiability question, the Authority dismissed the appeal as moot. It did not decide whether the provisions were negotiable.

Decision snapshot

• Authority: 5 U.S.C. §§ 7105(a)(2)(E), 7114(c), and 7117(c)(1).
• Outcome: Negotiability appeal dismissed as moot.
• Key point: Withdrawal of the agency's nonnegotiability claim left no dispute for the Authority to decide.

Full text (FLRA public release)

[ v09 p39 ]

09:0039(7)NG

The decision of the Authority follows:

9 FLRA No. 7

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 997
(Union)

and

MAXWELL AIR FORCE BASE,
MONTGOMERY, ALABAMA
(Activity)

Case No. 0-NG-671

ORDER DISMISSING PETITION FOR REVIEW

THIS CASE IS BEFORE THE AUTHORITY PURSUANT TO SECTION 7105(A)(2)(E)
OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C. 7101
ET SEQ.) ON A PETITION FOR REVIEW OF NEGOTIABILITY ISSUES FILED BY THE
UNION.

THE RECORD IN THIS CASE INDICATES THAT THE LOCAL PARTIES EXECUTED A
COLLECTIVE BARGAINING AGREEMENT AND SUBMITTED IT TO THE AGENCY HEAD FOR
REVIEW AND APPROVAL PURSUANT TO SECTION 7114(C) OF THE STATUTE. DURING
SUCH REVIEW THE AGENCY DISAPPROVED CERTAIN PROVISIONS IN THE LOCAL
PARTIES' AGREEMENT AS CONTRARY TO AGENCY REGULATION. THE UNION THEN
FILED THE INSTANT APPEAL WITH THE AUTHORITY SEEKING A DETERMINATION,
PURSUANT TO SECTION 7117(C)(1) OF THE STATUTE AND SECTION 2424.1(A) OF
THE AUTHORITY'S RULES AND REGULATIONS (5 CFR 2424.1(A)(1982)), AS TO THE
NEGOTIABILITY OF THE MATTER. SUBSEQUENTLY, IN A LETTER DATED MAY 13,
1982, THE AGENCY WITHDREW THE ALLEGATION OF NONNEGOTIABILITY.

SINCE THE AGENCY HAS WITHDRAWN THE ALLEGATION OF NONNEGOTIABILITY,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

ACCORDINGLY, FOR THE REASONS STATED HEREIN, AND APART FROM OTHER
CONSIDERATIONS,

IT IS HEREBY ORDERED THAT THE INSTANT APPEAL BE, AND IT HEREBY IS,
DISMISSED.

FOR THE AUTHORITY.

ISSUED, WASHINGTON, D.C., JUNE 4, 1982

JAMES J. SHEPARD, EXECUTIVE DIRECTOR