AFGE Local 1760 and Social Security Administration (Authority decision, November 18, 1982)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority in a negotiability proceeding. 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 1760 proposed a bulletin board, office, and furnishings for a union vice president. SSA responded that the subjects were under negotiation at the national level and were not presently appropriate for regional bargaining. The Authority found that the dispute concerned when and where bargaining had to occur, not whether the proposals were legally negotiable. It dismissed the negotiability petition without deciding the merits of the proposals.

Decision snapshot

• Authority: 5 U.S.C. § 7105(a)(2)(E).
• Outcome: Negotiability petition dismissed without a negotiability ruling.
• Key point: A dispute over bargaining level belonged in a different procedure.

Full text (FLRA public release)

[ v10 p489 ]

10:0489(81)NG

The decision of the Authority follows:

10 FLRA No. 81

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 1760
Union

and

DEPARTMENT OF HEALTH AND HUMAN
SERVICES, SOCIAL SECURITY ADMINISTRATION
Agency

Case No. O-NG-530

ORDER DISMISSING PETITION FOR REVIEW

THIS CASE COMES BEFORE THE AUTHORITY PURSUANT TO SECTION
7105(A)(2)(E) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE
(THE STATUTE). FOR THE FOLLOWING REASONS IT HAS BEEN DETERMINED THAT
THE UNION'S PETITION FOR REVIEW MUST BE DISMISSED.

THE RECORD REVEALS THAT THE UNION SUBMITTED TO THE AGENCY A GROUP OF
PROPOSALS CONCERNING INSTALLATION OF A UNION BULLETIN BOARD AND
PROVISION OF AN OFFICE, FACILITIES, AND FURNITURE TO A UNION VICE
PRESIDENT. IN RESPONSE, THE AGENCY DECLARED THAT THE PROPOSALS "ARE NOT
PRESENTLY APPROPRIATE FOR NEGOTIATION AT THE REGIONAL LEVEL" BECAUSE THE
SUBJECT MATTER OF THE PROPOSALS WAS INCLUDED IN ARTICLES UNDER
NEGOTIATION AT THE NATIONAL LEVEL FOR A MASTER AGREEMENT. THUS THE
DISPUTE BETWEEN THE PARTIES IN THIS CASE IS NOT OVER THE NEGOTIABILITY
OF THE PROPOSALS, BUT RATHER CONCERNS WHETHER UNDER THE CIRCUMSTANCES
THE AGENCY IS OBLIGATED TO BARGAIN ON SUBJECTS WHICH ARE ALSO BEING
NEGOTIATED AT A HIGHER LEVEL. THIS SITUATION DOES NOT GIVE RISE TO A
NEGOTIABILITY ISSUE WHICH MAY BE RESOLVED PURSUANT TO SECTION 7117 OF
THE STATUTE. THE DISPUTE HEREIN SHOULD HAVE BEEN PROCESSED EITHER
THROUGH THE UNFAIR LABOR PRACTICE PROCEDURES OF THE STATUTE OR THROUGH
WHATEVER MECHANISMS MAY HAVE BEEN ESTABLISHED BY THE PARTIES TO HANDLE
SUCH DISPUTES. SEE NATIONAL TREASURY EMPLOYEES UNION AND NATIONAL
TREASURY EMPLOYEES UNION, CHAPTER 71 AND INTERNAL REVENUE SERVICE,
PHILADELPHIA SERVICE CENTER, PHILADELPHIA, PENNSYLVANIA, 4 FLRA NO.
103(1980).

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., NOVEMBER 18, 1982

RONALD W. HAUGHTON, CHAIRMAN

HENRY B. FRAZIER III, MEMBER

LEON B. APPLEWHAITE, MEMBER

FEDERAL LABOR RELATIONS AUTHORITY