National Association of Government Employees, Local R12-40 (Union) and Naval Ship Weapon Systems Engineering Station, Port Hueneme, California (Activity) (Authority decision, September 30, 1980)

Final FLRA decision. This negotiability order ends the petition before the Authority. An aggrieved person may seek judicial review in a court of appeals within 60 days of issuance under 5 U.S.C. § 7123(a).

Plain-English summary

A Navy station in Port Hueneme asserted that a union proposal to subsidize approved safety shoes was outside its duty to bargain. After the union appealed, the agency withdrew that allegation. The Authority found there was no live negotiability dispute and dismissed the petition as moot without ruling on the proposal.

Decision snapshot

• Authority: 5 U.S.C. § 7106(b)(1), 5 U.S.C. § 7117.
• Outcome: Petition dismissed as moot after agency withdrawal.
• Key point: The withdrawn allegation left no negotiability issue to decide.

Full text (FLRA public release)

[ v04 p411 ]

04:0411(55)NG

The decision of the Authority follows:

4 FLRA No. 55

NATIONAL ASSOCIATION OF
GOVERNMENT EMPLOYEES, LOCAL R12-40
(Union)

and

NAVAL SHIP WEAPON SYSTEMS
ENGINEERING STATION, PORT
HUENEME, CALIFORNIA
(Activity)

Case No. O-NG-334

ORDER DISMISSING PETITION FOR REVIEW

THIS MATTER COMES BEFORE THE FEDERAL LABOR RELATIONS AUTHORITY
PURSUANT TO SECTION 7105(A)(2)(E) OF THE FEDERAL SERVICE
LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C. 7101 ET SEQ. (SUPP. II
(1978)).

THE RECORD IN THIS CASE INDICATES THAT DURING NEGOTIATIONS BETWEEN
THE ACTIVITY AND THE UNION, THE ACTIVITY ALLEGED THAT A UNION PROPOSAL
CONCERNING THE ACTIVITY'S SUBSIDIZATION OF APPROVED SAFETY SHOES
INTERFERED WITH THE ACTIVITY'S RESERVED RIGHT TO PRESCRIBED THE
TECHNOLOGY, METHODS, AND MEANS OF PERFORMING WORK UNDER SECTION
7106(B)(1) OF THE STATUTE AND, IN EFFECT, THAT THE DUTY TO BARGAIN DID
NOT EXTEND TO THE PROPOSAL. THE UNION SOUGHT THE AUTHORITY'S
DETERMINATION, PURSUANT TO SECTION 7117(C)(1) OF THE STATUTE AND PART
2424 OF THE AUTHORITY'S RULES OF PROCEDURE (5 C.F.R. PART 2424(1980)),
AS TO WHETHER THE ACTIVITY HAD A DUTY TO BARGAIN UNDER THE STATUTE OVER
THE DISPUTED PROPOSAL. SUBSEQUENTLY, IN ITS STATEMENT FILED PURSUANT TO
SECTION 2424.6 OF THE RULES (5 C.F.R. 2424.6(1980)), THE AGENCY WITHDREW
THE ALLEGATION OF NONNEGOTIABILITY.

SINCE THE AGENCY HAS WITHDRAWN THE ALLEGATION CONCERNING THE UNION'S
PROPOSAL IN THIS CASE, THERE IS NO LONGER AN ISSUE AS TO WHETHER THE
PROPOSAL IS WITHIN THE PARTIES' DUTY TO BARGAIN UNDER THE STATUTE. THE
DISPUTE INVOLVED IN THE UNION'S APPEAL THEREFORE HAS BEEN RENDERED MOOT.
ACCORDINGLY,

IT IS HEREBY ORDERED THAT THE UNION'S PETITION FOR REVIEW HEREIN BE,
AND IT HEREBY IS, DISMISSED.

FOR THE AUTHORITY.

ISSUED, WASHINGTON, D.C., SEPTEMBER 30, 1980

HAROLD D. KESSLER, ACTING EXECUTIVE DIRECTOR

CERTIFICATE OF SERVICE

COPIES OF THE AUTHORITY'S ORDER DATED SEPTEMBER 30, 1980, IN THE
INSTANT CASE, SENT TO THE FOLLOWING:

MR. D. A. DECKER

PRESIDENT, LOCAL R12-40

NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES

P.O. BOX 912

PORT HUENEME, CALIFORNIA 93041

MR. DAVID H. GREEN, DIRECTOR

LABOR-MANAGEMENT RELATIONS

DEPARTMENT OF DEFENSE

OASD (MRA&L)

THE PENTAGON, ROOM 3D264

WASHINGTON, D.C. 20301

MR. E. W. HAYS

COMMANDING OFFICER

NAVAL SHIP WEAPON SYSTEMS ENGINEERING STATION

PORT HUENEME, CALIFORNIA 93043