NFFE Local 1363 and United States Army, United States Forces Korea, Eighth Army Garrison (Authority decision, September 28, 1984)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority dismissing a negotiability petition as moot. 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

During a presidential visit to Korea, the Army temporarily barred removal of personal firearms from specified clubs and arms rooms. NFFE Local 1363 proposed narrowing the restriction to places the President would visit and compensating affected employees, then asked the Authority to review negotiability when the Army gave no written response. By the time the Authority considered the petition, the restriction had been implemented and ended. The Authority dismissed the petition as moot, saying a negotiability ruling would be an advisory opinion. It did not decide whether the union's proposal was within the duty to bargain.

Decision snapshot

• Authority: Negotiability review under 5 U.S.C. § 7105(a)(2)(E); advisory opinion bar under 5 C.F.R. § 2429.10.
• Outcome: Petition dismissed as moot without a negotiability ruling.
• Key point: The temporary restriction had expired, leaving no live dispute for negotiability review.

Full text (FLRA public release)

[ v16 p135 ]

16:0135(24)NG

The decision of the Authority follows:

16 FLRA No. 24

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 1363
Union

and

U.S. ARMY, U.S. FORCES KOREA,
EIGHTH ARMY GARRISON, YOUNGSAN, KOREA
Activity

Case No. O-NG-1018

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 and Part 2424 of the Authority's Rules and Regulations on a petition for review of a negotiability issue filed by the Union. For the reasons stated below, the Union's petition for review must be dismissed.

The record before the Authority in this case indicates that a dispute arose between the parties during negotiations over implementation of an Activity policy directive concerning the use of privately owned firearms during a Presidential visit to Korea. The Activity informed the Union that it intended to prohibit removal of personal firearms from nonappropriated fund rod and gun clubs and U.S. Forces Korea unit arms rooms between November 11 and 15, 1983, the period during which the President of the United States would be visiting in Korea. The Union submitted a proposal essentially seeking to limit the prohibition to the cities and areas which would actually be visited by the President and seeking monetary compensation for employees affected by the prohibition. The Union requested the Activity's allegation in writing as to the negotiability of the disputed proposal. The Activity, however, did not respond to the Union's request. The Union then filed the instant petition for review with the Authority pursuant to section 2424.3 of the Authority's Regulations.

In its statement of position, the Department of the Army informed the Authority that the specific prohibition on the use of firearms which gave rise to the dispute had been implemented and had ended, and contends, among other things, that since the proposal at issue in this case concerns only a past event, it has been rendered moot.

Upon careful consideration of the submissions of the parties, it has been determined that since the prohibition described above has been implemented and has ended, the instant negotiability dispute has been rendered moot. Further, to decide the issue presented in the instant case under the circumstances described would be tantamount to issuing an advisory opinion, which is precluded by section 2429.10 of the Authority's Rules and Regulations.

Accordingly, and apart from other consideration, the Union's petition for review is hereby dismissed. For the Authority. Issued, Washington, D.C., September 28, 1984 Jan K. Bohren Executive Director/Administrator