International Federation of Professional and Technical Engineers, Local 1 and Department of the Navy (Authority decision, November 9, 1984)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority dismissing a negotiability petition after the agency withdrew its allegation of nonnegotiability. The Authority did not decide whether the proposal was within the duty to bargain.

Plain-English summary

IFPTE Local 1 proposed union representation for bargaining unit employees during Navy desk audits. The Navy initially declared the proposal nonnegotiable, and the union petitioned the Authority for review. The agency then withdrew the allegation. With no live negotiability dispute remaining, the Authority dismissed the petition without ruling on the proposal's merits.

Decision snapshot

• Authority: 5 U.S.C. § 7105(a)(2)(E) and negotiability petition rules.
• Outcome: Petition dismissed after withdrawal of nonnegotiability allegation.
• Key point: The withdrawal left no negotiability issue for the Authority to decide.

Full text (FLRA public release)

[ v16 p397 ]

16:0397(65)NG

The decision of the Authority follows:

16 FLRA No. 65

INTERNATIONAL FEDERATION OF PROFESSIONAL
AND TECHNICAL ENGINEERS, LOCAL 1
Union

and

DEPARTMENT OF THE NAVY
Activity

Case No. O-NG-1057

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 concerning union representation should the Activity conduct a desk audit of any bargaining unit employee. By letter dated September 25, 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 to the Authority dated October 26, 1984, the Agency withdrew the Activity's allegation on nonnegotiability.

Since the Agency has withdrawn the allegation of nonnegotiability concerning the Union's proposal, there is no longer an issue as to whether the proposal in this case is within the parties'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 9, 1984 Jan K. Bohren Executive Director/Administrator