National Treasury Employees Union and Department of Health and Human Services Region VII (Authority decision, March 15, 1985)

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

NTEU sought review of whether HHS had to bargain over a proposal defining a competitive area. While that petition was pending, a related unfair labor practice decision found no compelling need for the agency regulation that HHS had invoked to block bargaining. The union told the Authority that the ruling resolved the dispute and that further review was unnecessary. The Authority dismissed the petition because no negotiability issue remained.

Decision snapshot

• Authority: Negotiability review under 5 U.S.C. § 7105(a)(2)(D) and (E).
• Outcome: Petition for review dismissed as resolved.
• Key point: A related unfair labor practice ruling removed the remaining negotiability question.

Full text (FLRA public release)

[ v17 p219 ]

17:0219(32)NG

The decision of the Authority follows:

17 FLRA No. 32

NATIONAL TREASURY EMPLOYEES
UNION
Union

and

DEPARTMENT OF HEALTH AND
HUMAN SERVICES, REGION VII
Agency

Case No. O-NG-571

ORDER DISMISSING PETITION FOR REVIEW

This matter is before the Authority at this time pursuant to section 7105(a)(2)(D) and (E) of the Federal Service Labor-Management Relations Statute and part 2424 of the Authority's Rules and Regulations on a petition for review of a negotiability issue filed by the Union. For the reasons stated below, it has been determined that the Union's petition for review must be dismissed.

From the submissions of the parties, it appears the Agency alleged that the duty to bargain did not extend to the Union's proposal concerning the establishment of a competitive area. The Union also filed an unfair labor practice charge with the Authority's Regional Office charging that the Agency had committed an unfair labor practice by allegedly preventing local management from bargaining over the competitive area proposal pursuant to an Agency regulation for which a compelling need was asserted. At the Union's request, further action on the negotiability appeal was suspended pending resolution of the unfair labor practice complaint. The unfair labor practice complaint was resolved by the decision in Department of Health and Human Services, Washington, D.C. and Department of Health and Human Services, Region 7, Kansas City, Missouri and National Treasury Employees Union, 16 FLRA No. 44 (1984) in which the Authority found no compelling need for the Agency regulation to bar negotiation on the competitive area proposal. The Union acknowledges that the holding in the unfair labor practice proceeding is dispositive of the instant negotiability dispute and, therefore, states: "Since the issues have been resolved we see no need for the Authority to continue processing the instant negotiability petition."

Upon careful consideration of the parties' submissions, it has been determined that, based upon the decision in the cited unfair labor practice case, there is no longer an issue as to whether the Union's proposal is within the Agency's duty to bargain under the Statute. /1/

Accordingly, and apart from other considerations, the petition for review in this case is hereby dismissed. For the Authority. Issued, Washington, D.C., March 15, 1985 Harold D. Kessler Managing Director for Case Processing

--------------- FOOTNOTES$ ---------------

/1/ The Agency's request to supplement its statement of position is denied pursuant to section 2424.8 of the Authority's Rules and Regulations, since no additional submissions had been requested by the Authority and the completed record provided a sufficient basis for disposing of this case.