AFGE Local 32 and Office of Personnel Management (Authority decision, January 7, 1982)

Final FLRA decision. This is a final order of the 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

AFGE Local 32 petitioned over proposals the Office of Personnel Management declined to bargain. OPM had not alleged the proposals were nonnegotiable under the statute; it argued that the union had waived bargaining through the parties' contract. The Authority held that this was a contract or bargaining-obligation dispute for grievance or unfair labor practice procedures. It dismissed the negotiability petition without deciding the proposals' merits.

Decision snapshot

• Authority: 5 U.S.C. § 7105(a)(2)(E), 5 U.S.C. § 7117.
• Outcome: Petition dismissed; statutory negotiability was not at issue.
• Key point: A claimed contractual waiver belongs in grievance or unfair labor practice procedures.

Full text (FLRA public release)

[ v07 p594 ]

07:0594(91)NG

The decision of the Authority follows:

7 FLRA No. 91

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 32
Union

and

OFFICE OF PERSONNEL MANAGEMENT,
WASHINGTON, D.C.
Agency

Case No. O-NG-257

DECISION AND ORDER ON NEGOTIABILITY APPEAL

THIS PETITION FOR REVIEW COMES BEFORE THE FEDERAL LABOR RELATIONS
AUTHORITY (THE AUTHORITY) PURSUANT TO SECTION 7105 (A)(2)(E) OF THE
FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (STATUTE).

IN AGREEMENT WITH THE AGENCY, THE AUTHORITY FINDS THAT THE PRESENT
DISPUTE IS IMPROPERLY BEFORE THE AUTHORITY AS A NEGOTIABILITY ISSUE TO
BE RESOLVED PURSUANT TO SECTION 7117 OF THE STATUTE. RATHER, IT SHOULD
HAVE BEEN PROCESSED EITHER THROUGH THE UNFAIR LABOR PRACTICE PROCEDURES
OF THE STATUTE OR THROUGH THE PARTIES' CONTRACTUAL GRIEVANCE PROCEDURE.
IN THIS REGARD, THE AGENCY HAS NEVER ASSERTED THAT THE UNION'S PROPOSALS
ARE NOT NEGOTIABLE UNDER THE STATUTE BUT ONLY THAT UNDER THE COLLECTIVE
BARGAINING AGREEMENT THE UNION HAS WAIVED ITS RIGHT TO NEGOTIATE THE
MATTERS AT ISSUE. SEE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
AFL-CIO, LOCAL 1617 AND DEPARTMENT OF THE AIR FORCE, HEADQUARTERS, AIR
FORCE LOGISTICS COMMAND, KELLY AIR FORCE BASE, TEXAS,2 FLRA 407(1980).

THEREFORE, PURSUANT TO SECTION 2424.10 OF THE AUTHORITY'S RULES AND
REGULATIONS (5 CFR 2424.10(1981)), IT IS ORDERED THAT THE UNION'S
PETITION FOR REVIEW BE, AND IT HEREBY IS, DISMISSED.

ISSUED, WASHINGTON, D.C., JANUARY 7, 1982

RONALD W. HAUGHTON, CHAIRMAN

HENRY B. FRAZIER III, MEMBER

LEON B. APPLEWHAITE, MEMBER

FEDERAL LABOR RELATIONS AUTHORITY