AFGE Local 2736 and Wurtsmith Air Force Base (Authority decision, August 3, 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

AFGE Local 2736 appealed a dispute with Wurtsmith Air Force Base concerning proposals covered by a local agreement. The Authority held that the disagreement turned on whether the union had waived bargaining and whether a contract reopener applied. Those questions belonged in unfair labor practice or grievance procedures, so it dismissed the negotiability petition without deciding the proposals’ merits.

Decision snapshot

• Authority: 5 U.S.C. § 7117.
• Outcome: Petition dismissed without a negotiability ruling.
• Key point: Contract coverage and waiver questions required a different procedure.

Full text (FLRA public release)

[ v09 p733 ]

09:0733(90)NG

The decision of the Authority follows:

9 FLRA No. 90

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 2736
Union

and

DEPARTMENT OF THE AIR FORCE,
HEADQUARTERS 379TH COMBAT SUPPORT
GROUP (SAC), WURTSMITH AIR FORCE
BASE, MICHIGAN
Agency

Case No. O-NG-471

DECISION AND ORDER ON NEGOTIABILITY APPEAL

THE PETITION FOR REVIEW IN THIS CASE COMES BEFORE 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 DETERMINATION.

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 ASSERTS THAT THE UNION HAS WAIVED ITS RIGHT
TO NEGOTIATE THE MATTERS AT ISSUE SINCE THE LOCAL PARTIES REACHED
AGREEMENT ON MUTUALLY ACCEPTABLE LANGUAGE REGARDING THE MATTERS
COVERED
BY THE PROPOSALS CONTAINED IN THE UNION'S INSTANT APPEAL TO THE
AUTHORITY; SUCH LANGUAGE WAS INCORPORATED IN THE LOCAL AGREEMENT WHICH
WAS EXECUTED PRIOR TO THE UNION'S APPEAL; AND THE PARTIES' CONTRACTUAL
REOPENER CLAUSE, RELIED UPON BY THE UNION, IS INAPPLICABLE BASED UPON
FACTUAL CIRCUMSTANCES SURROUNDING THE NEGOTIATION AND EXECUTION OF THE
LOCAL AGREEMENT. SEE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
AFL-CIO, LOCAL 32 AND OFFICE OF PERSONNEL MANAGEMENT, WASHINGTON, D.C.,
7 FLRA NO. 91 (1982).

ACCORDINGLY, PURSUANT TO SECTION 2424.10 OF THE AUTHORITY'S RULES AND
REGULATIONS, IT IS ORDERED THAT THE UNION'S PETITION FOR REVIEW BE, AND
IT HEREBY IS, DISMISSED. ISSUED, WASHINGTON, D.C., AUGUST 3, 1982

RONALD W. HAUGHTON, CHAIRMAN

HENRY B. FRAZIER III, MEMBER

LEON B. APPLEWHAITE, MEMBER

FEDERAL LABOR RELATIONS AUTHORITY