NASA Headquarters Professional Association and NASA Headquarters (Authority decision, July 28, 1982)

Final FLRA decision. This is a final Authority order. 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

A NASA union appealed a dispute over a proposed classification-survey procedure after negotiations stalled. The Authority found the agency’s central claim was that it had already fulfilled its bargaining duty, a factual dispute about bargaining conduct. It dismissed the negotiability petition so the matter could be resolved through unfair labor practice procedures.

Decision snapshot

• Authority: 5 U.S.C. § 7117.
• Outcome: Petition dismissed without a negotiability ruling.
• Key point: A dispute over whether bargaining was complete required factual procedures.

Full text (FLRA public release)

[ v09 p683 ]

09:0683(79)NG

The decision of the Authority follows:

9 FLRA No. 79

NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION HEADQUARTERS
PROFESSIONAL ASSOCIATION,
IFPTE LOCAL 9
Union

and

NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION HEADQUARTERS
Agency

Case No. O-NG-393

DECISION AND ORDER ON NEGOTIABILITY APPEAL

THE PETITION FOR REVIEW IN THIS CASE COMES BEFORE THE FEDERAL LABOR
RELATIONS AUTHORITY (THE 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.

DURING CONTRACT NEGOTIATIONS THE PARTIES WERE UNABLE TO REACH
AGREEMENT ON A PROPOSAL CONCERNING "CLASSIFICATION PROCEDURE." HOWEVER,
THEY DID AGREE TO A MEDIATOR'S RECOMMENDATION THAT THE PROPOSAL BE
REFERRED TO A SELECT COMMITTEE COMPRISE OF THE AGENCY'S PERSONNEL
DIRECTOR AND THE UNION'S PRESIDENT WHICH WOULD DEVELOP A PROPOSAL
ACCEPTABLE TO BOTH SIDES. THE SELECT COMMITTEE SUBMITTED A REVISED
PROPOSAL WHICH WAS ACCEPTED BY THE AGENCY BUT REJECTED BY THE UNION'S
CHIEF NEGOTIATOR. NEGOTIATIONS WERE THEN RESUMED WITH THE UNION
SUBMITTING FURTHER PROPOSALS ON CLASSIFICATION PROCEDURES AND THE AGENCY
RESPONDING TO THEM. ULTIMATELY THE AGENCY ADVISED THE UNION BY LETTER
"THAT WHAT IT HAS GIVEN IS MORE THAN ENOUGH . . . . " THE AGENCY FURTHER
ASSERTED, "MANAGEMENT'S FINAL POSITION IS TO ACCEPT THE RECOMMENDED
ARTICLE OF JUNE 5, 1980 AGREED UPON BY (THE SELECT COMMITTEE) IN ITS
ENTIRETY, AND, IN SO DOING, HAS PROVIDED AMPLE JUSTIFICATION FOR
REJECTING THE UNION'S NEW PROPOSAL . . . THEREBY CONCLUDING NEGOTIATIONS
ON ARTICLE 24-- CLASSIFICATION SURVEY PROCEDURES." IN THIS CONNECTION,
THE AGENCY'S RESPONSE TO THE UNION'S PETITION FOR REVIEW BEFORE THE
AUTHORITY STATED, "(N)EGOTIATIONS ON THE ENTIRE MATTER WERE CONCLUDED BY
THE AGENCY ON THE BASIS THAT THE ACTIVITY HAD NO OBLIGATION TO BARGAIN
ANY FURTHER" AFTER THE ABOVE REFERENCED NOTIFICATION TO THE UNION OF ITS
FINAL POSITION.

THE CIRCUMSTANCES HEREIN DO NOT GIVE RISE TO A NEGOTIABILITY DISPUTE
WITH RESPECT TO THE PROPOSAL WHICH THE AUTHORITY MAY PROPERLY REVIEW AT
THIS TIME PURSUANT TO SECTION 7117 OF THE STATUTE, SINCE IT APPEARS THAT
THE AGENCY'S PRINCIPAL POSITION IS THAT IT HAS MET ITS OBLIGATION TO
BARGAIN ON THE SUBJECT MATTER OF THE UNION PROPOSAL AND THEREFORE IS NOT
UNDER A DUTY TO NEGOTIATE ON THE SPECIFIC PROPOSAL. IT IS WELL
ESTABLISHED THAT THE PROPER FORUM FOR RESOLUTION OF 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. BECAUSE RESOLUTION OF THE DISPUTE CONCERNING THE PROPOSAL MAY
DEPEND UPON FACTS RELATING TO THE PARTIES' CONDUCT, SUCH QUESTIONS OF
FACT SHOULD BE DETERMINED BY MEANS OF THE INVESTIGATORY AND FORMAL
HEARING PROCEDURES ESTABLISHED BY THE STATUTE AND THE AUTHORITY'S RULES
AND REGULATIONS.

ACCORDINGLY, 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., JULY 28, 1982

RONALD W. HAUGHTON, CHAIRMAN

HENRY B. FRAZIER III, MEMBER

LEON B. APPLEWHAITE, MEMBER

FEDERAL LABOR RELATIONS AUTHORITY