AFGE Local 1151 and Veterans Administration (Authority decision, August 6, 1985)

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

The VA alleged that a union proposal was nonnegotiable, and AFGE petitioned for review. The VA then withdrew its allegation. The Authority found no remaining negotiability issue and dismissed the petition.

Decision snapshot

• Authority: Negotiability review under 5 U.S.C. § 7105(a)(2)(E).
• Outcome: Petition dismissed after VA withdrew its allegation.
• Key point: The withdrawn allegation left nothing for the Authority to decide.

Full text (FLRA public release)

[ v19 p540 ]

19:0540(69)NG

The decision of the Authority follows:

19 FLRA No. 69

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1151
Union

and

VETERANS ADMINISTRATION
Agency

Case No. O-NG-1149

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.

On June 10, 1985, the Union sent a proposal to the Agency requesting a written allegation of nonnegotiability. By letter dated June 20, 1985, the Agency provided the Union with its allegation of nonnegotiability in respect to that proposal. On July 1, 1985, pursuant to section 2424.3 of the Authority's Rules and Regulations, the Union filed a petition for review as to whether its proposal was within the duty to bargain. By letter filed July 25, 1985, the Agency stated that it wished to withdraw its determination of nonnegotiability in the case herein.

Inasmuch as the Agency has withdrawn its allegation of nonnegotiability concerning the Union's proposal, there is no longer an issue as to whether the proposal in this case is within the parties'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., August 6, 1985 Harold D. Kessler Managing Director for Case Processing