Veterans Administration Staff Nurses Council, Local 5032, AFT and Veterans Administration Medical Center, Wood (Milwaukee), Wisconsin (Authority decision, November 30, 1984)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority dismissing a negotiability petition without deciding the proposal's merits. An aggrieved person may seek review in an appropriate United States court of appeals within 60 days after issuance under 5 U.S.C. § 7123(a).

Plain-English summary

The nurses' union proposed relieving registered nurses of nonprofessional tasks so they could focus on professional duties. The Milwaukee VA Medical Center first declared the proposal nonnegotiable, and the union sought Authority review. The medical center then withdrew its allegation that the proposal was outside the duty to bargain. With no negotiability dispute left to decide, the Authority dismissed the petition without ruling on the proposal itself.

Decision snapshot

• Authority: Negotiability review under 5 U.S.C. § 7105(a)(2)(E).
• Outcome: Petition dismissed after the agency withdrew its nonnegotiability allegation.
• Key point: The Authority issued no merits ruling on the nurses' proposal.

Full text (FLRA public release)

[ v16 p673 ]

16:0673(98)NG

The decision of the Authority follows:

16 FLRA No. 98

VETERANS ADMINISTRATION STAFF NURSES
COUNCIL, LOCAL 5032, AFT, AFL-CIO
Union

and

VETERANS ADMINISTRATION MEDICAL CENTER,
WOOD (MILWAUKEE), WISCONSIN
Activity

Case No. O-NG-1049

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 on a petition for review of negotiability issues filed by the Union.

From the submissions of the parties, the record before the Authority in this case indicates that during the course of negotiations, the Union submitted a proposal seeking relief for registered nurses from nonprofessional tasks enabling them to perform their professional duties. By letter dated August 17, 1984, the Activity declared the Union's proposal to be nonnegotiable. The Union then filed the instant petition for review with the Authority pursuant to section 2424.3 of the Authority's Rules and Regulations, as to whether the disputed proposal was within the duty to bargain. Subsequently in a letter dated October 22, 1984, the Activity withdrew the allegation of nonnegotiability.

Since the Activity has withdrawn the allegation of nonnegotiability concerning the Union's proposal, there is no longer an issue as to whether the proposal in this case is within the parties'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.

Accordingly, and apart from other considerations, the petition for review in this case is hereby dismissed. For the Authority. Issued, Washington, D.C., November 30, 1984 Jan K. Bohren Executive Director/Administrator