Department of the Navy, Portsmouth Naval Shipyard, Richard Pearl, Victor Porro, and Portsmouth Federal Employees Metal Trades Council (Authority decision, March 15, 1988)

Final FLRA decision. Following a court of appeals writ of mandamus, the Authority dismisses the consolidated unfair labor practice complaint. 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).

Plain-English summary

The First Circuit Court of Appeals concluded that an earlier Authority decision on remand had not followed its mandate in the Portsmouth Naval Shipyard dispute. The court ordered the Authority to dismiss the unfair labor practice complaint. The Authority complied and dismissed all three docketed cases. Its footnote recounts the court's statement that individual employees could still file environmental differential pay claims under the labor agreement.

Decision snapshot

• Authority: First Circuit mandamus direction; 5 U.S.C. § 7116(d).
• Outcome: Consolidated unfair labor practice complaint dismissed.
• Key point: The Authority dismissed the complaint as the appellate court directed, while the cited individual pay claims remained available under the agreement.

Full text (FLRA public release)

[ v31 p815 ]

31:0815(56)CA

The decision of the Authority follows:

31 FLRA No. 56

DEPARTMENT OF THE NAVY AND
DEPARTMENT OF THE NAVY
PORTSMOUTH NAVAL SHIPYARD
(PORTSMOUTH, NEW HAMPSHIRE)

Respondent

and

RICHARD PEARL

and

VICTOR PORRO

and

PORTSMOUTH FEDERAL EMPLOYEES
METAL TRADES COUNCIL, AFL-CIO

Charging Party

Case Nos. 1-CA-30303
1-CA-30305
1-CA-30306
(21 FLRA 195)
(28 FLRA 209)

SUPPLEMENTAL DECISION AND ORDER

This matter is before the Authority by direction of the United States Court of Appeals for the First Circuit, Department of the Navy v. FLRA, No. 86-1506 (December 30, 1987). The court concluded that the Authority's decision on remand in this matter, 28 FLRA 209 (1987) was inconsistent with the court's mandate in Department of the Navy v. FLRA, 815 F.2d 797 (1st Cir. 1987) and issued a writ of mandamus. The court ordered that the Authority dismiss the unfair labor practice complaint. [PAGE]

Consistent with the court's opinion, the Authority shall dismiss the complaint. 1

ORDER

The complaint in Case Nos. 1-CA-30303, 1-CA-30305 and 1-CA-30306 is dismissed.

Issued, Washington, D.C., March 15, 1988.

Jerry L. Calhoun, Chairman

Jean McKee, Member

FEDERAL LABOR RELATIONS AUTHORITY

FOOTNOTES

Footnote 1 The court stated that individual employees with claims for environmental differential pay "shall be entitled to file the same pursuant to Article 20, 3 of the collective bargaining agreement." Slip op. at 9. The court further stated, "it should be made clear that no employee waiver under 5 U.S.C. 7116(d) is involved in this case. The employee claims that may be made under Article 20, 3 are individual claims based on the declaratory ruling brought by the union, and are thus, technically, different proceedings from those in this case." Id., n.3.