Fort Belvoir, Department of the Army, and AFGE Local 1052 (Authority decision, August 15, 1985)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority in an unfair labor practice case. 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 Authority's order unless the court orders a stay under 5 U.S.C. § 7123(c).

Plain-English summary

A prior Authority order found that the Army interfered with bargaining over a new appraisal system. The Fourth Circuit held that the Authority could not decide the agency regulation's compelling need within an unfair labor practice case. On remand, the Authority accepted the court's ruling and dismissed the complaint against the Army.

Decision snapshot

• Authority: Negotiability appeal under 5 U.S.C. § 7117(b) and unfair labor practice procedure under § 7118.
• Outcome: Complaint in 3-CA-20133 dismissed on remand.
• Key point: Compelling need had to be resolved in a negotiability appeal.

Full text (FLRA public release)

[ v19 p746 ]

19:0746(92)CA

The decision of the Authority follows:

19 FLRA No. 92

U.S. ARMY ENGINEER CENTER AND
FORT BELVOIR
Respondent

and

U.S. DEPARTMENT OF THE ARMY
Respondent

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 1052
Charging Party

Case Nos. 3-CA-2908
3-CA-20133
13 FLRA 707

SUPPLEMENTAL DECISION AND ORDER

On January 31, 1984, the Authority issued its Decision and Order in the above-entitled proceeding, concluding in Case No. 3-CA-20133 that the Department of the Army had violated section 7116(a)(1) of the Federal Service Labor-Management Relations Statute by improperly interfering with the bargaining relationship between Fort Belvoir and the Charging Party. The Authority further concluded in Case No. 3-CA-2908 that the U.S. Army Engineer Center and Fort Belvoir had not violated the Statute by acting solely at the direction of the Department of the Army in refusing to negotiate over proposals submitted by the Charging Party in connection with a new performance appraisal system. In reaching its decision, the Authority found it necessary to resolve a "compelling need" issue in the context of the unfair labor practice proceeding.

On review, the U.S. Court of Appeals for the Fourth Circuit determined that compelling need issues can only be resolved through the filing of a negotiability appeal pursuant to the procedures set forth in section 7117(b) of the Statute and may not be resolved in an unfair labor practice proceeding under section 7118 of the Statute. Accordingly, the Court reversed the judgment of the Authority and remanded the case for further proceedings consistent with its opinion. U.S. Army Engineer Center and Fort Belvoir v. FLRA, No. 84-1327 (4th Cir. May 23, 1985). Subsequently, on July 26, 1985, the Court denied the Authority's petition for a rehearing in the matter and, as applicable to the Authority's finding of a violation of the Statute, directed the Authority to dismiss the unfair labor practice proceeding.

The Authority accepts the Court's opinion as the law of the case and, consistent with that opinion, shall order that the complaint in Case No. 3-CA-20133 be dismissed.

ORDER

IT IS ORDERED that the complaint in Case No. 3-CA-20133 be, and it hereby is, dismissed.

Issued, Washington, D.C., August 15, 1985

Henry B. Frazier III, Acting
Chairman
William J. McGinnis, Jr., Member
FEDERAL LABOR RELATIONS AUTHORITY