National Federation of Federal Employees, Local 1363 (Union) and Department of the U.S. Army, Headquarters, U.S. Army Garrison, Yongsan, Korea (Activity) (Authority decision, June 10, 1981)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority. 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

An Army Korea union proposed adding local union information to an employee orientation brochure. The activity initially asserted that doing so would be an unfair labor practice, then said it had not intended a nonnegotiability allegation. The Authority treated that position as a withdrawal, found no negotiability dispute remained, and dismissed the appeal as moot.

Decision snapshot

• Authority: 5 U.S.C. § 7117(a)(2).
• Outcome: Negotiability petition dismissed as moot.
• Key point: Withdrawal of the agency’s alleged nonnegotiability claim ended the review dispute.

Full text (FLRA public release)

[ v06 p38 ]

06:0038(11)NG

The decision of the Authority follows:

6 FLRA No. 11

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 1363
(Union)

and

DEPARTMENT OF THE ARMY, HEADQUARTERS,
U.S. ARMY GARRISON, YONGSAN, KOREA
(Activity)

Case No. O-NG-462

ORDER DISMISSING APPEAL

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.
III(1979)).

THE RECORD IN THIS CASE INDICATES THAT DURING NEGOTIATIONS OVER THE
ACTIVITY'S ORIENTATION/RECRUITMENT BROCHURE, THE UNION PROPOSED TO
INCLUDE IN THE BROCHURE SOME INFORMATION CONCERNING LOCAL UNION
REPRESENTATION IN KOREA. THE ACTIVITY ALLEGED THAT TO INCLUDE SUCH
INFORMATION IN THE BROCHURE WOULD CONSTITUTE AN UNFAIR LABOR PRACTICE,
UNDER SECTION 7116(A)(1), (2) AND (3) OF THE FEDERAL SERVICE
LABOR-MANAGEMENT RELATIONS STATUTE. THE UNION SOUGHT THE AUTHORITY'S
DETERMINATION, PURSUANT TO SECTION 7117(A)(2) OF THE STATUTE AND SECTION
2424.11 OF THE AUTHORITY'S RULES AND REGULATIONS (5 CFR 2424.11(1980)),
AS TO THE NEGOTIABILITY OF THE PROPOSAL. SUBSEQUENTLY, IN ITS STATEMENT
FILED PURSUANT TO SECTION 2424.6 OF THE RULES AND REGULATIONS, THE
AGENCY CLAIMED IT HAD NEVER INTENDED ITS POSITION TO BE INTERPRETED AS
AN ALLEGATION OF NONNEGOTIABILITY.

SINCE THE AGENCY HAS, IN EFFECT, WITHDRAWN THE ALLEGATION CONCERNING
THE UNION'S PROPOSAL, THERE IS NO LONGER AN ISSUE AS TO WHETHER THE
PROPOSAL IN THIS CASE 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 BE, AND IT HEREBY IS, DISMISSED.

FOR THE AUTHORITY.

ISSUED, WASHINGTON, D.C., JUNE 10, 1981

JAMES J. SHEPARD, EXECUTIVE DIRECTOR