National Association of Government Employees, Local R5-168 and Department of the Army, Fort Polk (Authority decision, February 29, 1988)

Final FLRA decision. This order dismisses the union's negotiability petition after the Army withdrew its allegation that the proposal was nonnegotiable. 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 Army's Fort Polk activity told National Association of Government Employees Local R5-168 that two reduction in force proposals were nonnegotiable. The union asked the Authority to review one proposal, concerning the length of advance notice. The Department of the Army then asked to withdraw the allegation of nonnegotiability for that proposal. With no remaining dispute over whether the proposal was within the duty to bargain, the Authority dismissed the petition without deciding its negotiability.

Decision snapshot

• Authority: Negotiability review under 5 U.S.C. §§ 7105(a)(2)(E) and 7117.
• Outcome: Petition dismissed after the Army withdrew its nonnegotiability allegation.
• Key point: Without an allegation that the proposal was outside the duty to bargain, there was no negotiability issue for the Authority to decide.

Full text (FLRA public release)

[ v31 p692 ]
31:0692(41)NG

The decision of the Authority follows:

31 FLRA NO. 41

NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES, LOCAL R5-168

Union

and

DEPARTMENT OF THE ARMY
HEADQUARTERS, 5TH INFANTRY DIVISION
(MECHANIZED) AND FORT POLK
FORT POLK, LOUISIANA

Activity

Case No. O-NG-1505

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 January 13, 1988, the local Activity declared two Union proposals concerning reduction-in-force to be nonnegotiable. On January 15, 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 one of the disputed proposals was within the duty to bargain. The proposal concerns the length of notice period in cases of reduction-in-force.

By letter dated February 22, 1988, the parent Agency, the Department of the Army, filed a request with the Authority asking to withdraw the allegation of nonnegotiability with respect to the proposal before the Authority. Therefore, there is no longer an issue before the Authority whether the proposal in this case is within the parties' duty to bargain under 5 U.S.C. 7117.
[PAGE]

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

For the Authority.

Issued, Washington, D.C.,February 29, 1988.

Jacqueline R. Gradley
Executive Director