National Federation of Federal Employees, Local 1639 and South Carolina National Guard (Authority decision, February 26, 1988)

Final FLRA decision. This order dismisses the union's negotiability petition after the National Guard Bureau withdrew its disapproval of the disputed contract provision. An aggrieved person may seek judicial review of a final Authority order by filing a petition in an appropriate United States court of appeals within 60 days after issuance under 5 U.S.C. § 7123(a).

Plain-English summary

The head of the agency disapproved a South Carolina National Guard contract provision on employee uniform procurement as nonnegotiable. National Federation of Federal Employees Local 1639 petitioned the Authority for a ruling on the provision. The National Guard Bureau then asked to withdraw the disapproval. Because the withdrawal left no dispute over whether the provision was within the duty to bargain, the Authority dismissed the petition without deciding that question.

Decision snapshot

• Authority: Agency-head review and negotiability under 5 U.S.C. §§ 7114(c) and 7117.
• Outcome: Petition dismissed after withdrawal of the provision's disapproval.
• Key point: The Authority had no negotiability dispute to resolve once the agency withdrew its disapproval.

Full text (FLRA public release)

[ v31 p690 ]
31:0690(40)NG

The decision of the Authority follows:

31 FLRA NO. 40

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 1639

Union

and

SOUTH CAROLINA NATIONAL GUARD
COLUMBIA, SOUTH CAROLINA

Activity

Case No. O-NG-1502

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 December 23, 1987, under 5 U.S.C. 7114(c) the agency head disapproved, as nonnegotiable, a provision of the local parties' collective bargaining agreement regarding the procurement of uniforms for employees. On January 14, 1988, 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 provision was within the duty to bargain.

By letter dated February 17, 1988, the Departments of the Army and the Air Force, National Guard Bureau filed a request with the Authority seeking to withdraw its December 23, 1987, disapproval. Therefore, there is no longer an issue before the Authority whether the provision in this case is within the parties' duty to bargain under 5 U.S.C. 7117.

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

For the Authority.

Issued, Washington, D.C., February 26, 1988.

Jacqueline R. Bradley
Executive Director