National Federation of Federal Employees, Local 1940 and Department of the Air Force, Eglin Air Force Base (Authority decision, January 22, 1982)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority dismissing a negotiability appeal without prejudice. 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

NFFE Local 1940 proposed bargaining over changed parking-space allocation procedures at Eglin Air Force Base. The Air Force declined, saying the change affected only people outside the union's bargaining unit. The Authority held that the dispute concerned whether the agency had to bargain at all, not whether the union's proposals were negotiable. That factual bargaining-obligation question belonged in an unfair labor practice proceeding. The Authority dismissed the negotiability petition without prejudice to a later petition if a negotiability dispute remained after that procedure.

Decision snapshot

• Authority: 5 U.S.C. §§ 7105(a)(2)(E), 7117, 7118.
• Outcome: Negotiability petition dismissed without prejudice; no proposal received a negotiability ruling.
• Key point: A dispute about the duty to bargain belongs in the unfair labor practice process.

Full text (FLRA public release)

[ v07 p721 ]

07:0721(113)NG

The decision of the Authority follows:

7 FLRA No. 113

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 1940
Union

and

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS, 3201ST AIR BASE GROUP
EGLIN AIR FORCE BASE, FLORIDA
Agency

Case No. O-NG-295

DECISION AND ORDER ON NEGOTIABILITY APPEAL

THE PETITION FOR REVIEW IN THIS CASE COMES BEFORE THE FEDERAL LABOR
RELATIONS AUTHORITY PURSUANT TO SECTION 7105(A)(2)(E) OF THE FEDERAL
SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE). UPON CAREFUL
CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE PARTIES CONTENTIONS,
THE AUTHORITY MAKES THE FOLLOWING DETERMINATIONS.

THE RECORD INDICATES THAT THE UNION SOUGHT TO NEGOTIATE PROPOSALS
CONCERNING CHANGES BEING MADE BY THE AGENCY IN ITS PROCEDURES FOR
ALLOCATING CERTAIN PARKING SPACES. THE AGENCY DECLINED TO NEGOTIATE
INFORMING THE UNION THAT IT "HAD NO OBLIGATION TO BARGAIN THE PROCEDURES
INCIDENT TO THIS CHANGE SINCE THE ONLY PERSONNEL AFFECTED BY THE CHANGE
ARE THOSE OUTSIDE YOUR BARGAINING UNIT."

THE CIRCUMSTANCES HEREIN DO NOT GIVE RISE TO A NEGOTIABILITY DISPUTE
WHICH THE AUTHORITY MAY PROPERLY REVIEW AT THIS TIME PURSUANT TO SECTION
7117 OF THE STATUTE. THUS, IT APPEARS THAT THE ESSENCE OF THE DISPUTE
BETWEEN THE PARTIES CONCERNS THE QUESTION OF THE AGENCY'S OBLIGATION TO
BARGAIN AND NOT THE NEGOTIABILITY OF THE PARTICULAR PROPOSALS INVOLVED.
IT IS NOW WELL ESTABLISHED THAT THE PROPER FORUM IN WHICH TO RESOLVE
SUCH A QUESTION IS NOT A NEGOTIABILITY CASE BUT, RATHER, AN UNFAIR LABOR
PRACTICE PROCEEDING PURSUANT TO SECTION 7118 OF THE STATUTE AND PART
2423 OF THE AUTHORITY'S RULES AND REGULATIONS. SEE, E.G., AMERICAN
FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 32 AND OFFICE OF
PERSONNEL MANAGEMENT, WASHINGTON, D.C., 6 FLRA NO. 15(1981), AND CASES
CITED THEREIN. IN THAT REGARD, RESOLUTION OF THE INSTANT DISPUTE MAY BE
DEPENDENT UPON THE RESOLUTION OF FACTUAL ISSUES RELATING TO THE PARTIES'
CONDUCT. SUCH FACTUAL DETERMINATIONS SHOULD BE ACCOMPLISHED THROUGH USE
OF INVESTIGATORY AND FORMAL HEARING PROCEDURES ESTABLISHED UNDER THE
STATUTE AND THE AUTHORITY'S RULES AND REGULATIONS.

ACCORDINGLY, APART FROM OTHER CONSIDERATIONS, PURSUANT TO SECTION
2424.10 OF THE AUTHORITY'S RULES AND REGULATIONS (5 CFR 2424.10(1918)),
IT IS ORDERED THAT THE UNION'S PETITION FOR REVIEW BE, AND IT HEREBY IS,
DISMISSED WITHOUT PREJUDICE TO THE UNION'S RIGHT TO RESUBMIT TO THE
AUTHORITY ANY NEGOTIABILITY DISPUTE WHICH REMAINS CONCERNING THE UNION'S
PROPOSALS, AFTER RESORTING TO THE PROCEDURES DISCUSSED ABOVE.

ISSUED, WASHINGTON, D.C., JANUARY 22, 1982

RONALD W, HAUGHTON, CHAIRMAN

HENRY B. FRAZIER III, MEMBER

LEON B. APPLEWHAITE, MEMBER

FEDERAL LABOR RELATIONS AUTHORITY