AFGE Locals 696 and 2010 and Navy Naval Supply Center, Jacksonville (Authority decision, July 20, 1987)

Final FLRA decision. The Authority dismisses the union's negotiability appeal after the Navy withdraws its claim that the hours-of-work proposal is outside the duty to bargain. An aggrieved person may seek judicial review of a final Authority order by petitioning 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 order unless the court orders a stay under § 7123(c).

Plain-English summary

AFGE Locals 696 and 2010 proposed terms concerning hours of work at the Navy's Jacksonville Naval Supply Center. The local activity declared the proposal nonnegotiable on June 10, 1987, and the union filed an appeal asking the Authority to decide whether bargaining was required. The Navy then withdrew its nonnegotiability allegation. Because there was no longer a live dispute over the proposal's negotiability, the Authority dismissed the petition. It did not decide the merits of the hours-of-work proposal.

Decision snapshot

• Authority: Negotiability appeals under 5 U.S.C. §§ 7105(a)(2)(E) and 7117.
• Outcome: Petition dismissed after the agency withdrew its allegation.
• Key point: Withdrawal of the nonnegotiability claim left no negotiability issue for the Authority to decide.

Full text (FLRA public release)

[ v28 p54 ]
28:0054(14)NG

The decision of the Authority follows:

28 FLRA NO. 14

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 696 AND
LOCAL 2010

Union

and

DEPARTMENT OF THE NAVY,
NAVAL SUPPLY CENTER,
JACKSONVILLE, FLORIDA

Agency

Case No. O-NG-1415

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 a negotiability issue filed by the Union.

The record in this case indicates that by letter dated June 10, 1987, the Activity declared the Union's proposal concerning Hours of Work to be nonnegotiable. On June 23, 1987, pursuant to section 7117 of the Statute and section 2424.1 of the Authority's Rules and Regulations, the Union filed a petition for review as to whether the disputed proposal was within the duty to bargain. Subsequently, in a letter dated July 1, 1987, the Agency withdrew the allegation of nonnegotiability.

Since the Agency has withdrawn the allegation concerning the Union's proposal, there is no longer an issue as to whether the proposal is within the parties' duty to bargain under the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., July 20, 1987.

Jacqueline R. Bradley
Executive Director