International Federation of Professional and Technical Engineers, Local 25 and Department of the Navy, Mare Island Naval Shipyard (Authority decision, January 28, 1988)

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

IFPTE Local 25 sought review after Mare Island Naval Shipyard said a proposal for additional special pay for certain professionals was outside the duty to bargain. The shipyard cited management's right to assign work. After the union petitioned the Authority, the Navy and Defense Department asked to withdraw the allegation of nonnegotiability. The Authority found there was no longer a negotiability issue to decide and dismissed the petition without ruling on the proposal's merits.

Decision snapshot

• Authority: Negotiability review under 5 U.S.C. §§ 7105(a)(2)(E) and 7117.
• Outcome: Petition dismissed after withdrawal of the nonnegotiability allegation.
• Key point: The withdrawal left no negotiability dispute before the Authority.

Full text (FLRA public release)

[ v30 p1100 ]

30:1100(120)NG

The decision of the Authority follows:

30 FLRA NO. 120
30 FLRA 1100

28 JAN 1988

INTERNATIONAL FEDERATION OF
PROFESSIONAL AND TECHNICAL
ENGINEERS, LOCAL 25, AFL-CIO

Union

and

DEPARTMENT OF DEFENSE, DEPARTMENT
OF THE NAVY, MARE ISLAND NAVAL
SHIPYARD, VALLEJO, CALIFORNIA

Activity

Case No. O-NG-1494

ORDER DISMISSING PETITION FOR REVIEW

This case is before the Authority pursuant to 5 U.S.C. 7105 (a)(2)(E) on a petition for review of a negotiability issue filed by the Union.

The record in this case indicates that by letter dated November 25, 1987, the local Activity declared the Union's proposal concerning additional special pay for certain professionals to be nonnegotiable as inconsistent with management's right under 5 U.S.C. 7106(a)(2)(B) to assign work. On December 9, 1987, pursuant to 5 U.S.C. 7117 and 5 C.F.R. 2424.1 and 2424.3, the Union filed a petition for review with the Authority for a ruling on whether the disputed proposal was within the duty to bargain.

By letter dated January 26, 1988, the parent Agency, the Department of the Navy in conjunction with the Department of Defense, filed a request with the Authority asking to withdraw the allegation of nonnegotiability. Therefore, there is no longer an issue before the Authority whether the proposal in this case is within the parties' duty to bargain under the Federal Service Labor - Management Relations Statute.

Accordingly, and apart from other considerations, the petition for review in this case is hereby dismissed.

For the Authority.

Issued, Washington, D.C. January 28, 1988

Jacqueline R. Bradley
Executive Director