Michigan Civilian Technicians Council and Michigan Air National Guard (Authority decision, November 25, 1981)

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 Michigan technicians union proposed civilian entry stickers for all technicians after the Air National Guard changed motor-vehicle registration rules at Selfridge Air Base. The activity alleged the proposal conflicted with an Air Force regulation. After the union appealed, the agency withdrew its nonnegotiability allegation. The Authority found no dispute remained and dismissed the petition as moot without deciding the proposal's merits.

Decision snapshot

• Authority: 5 U.S.C. § 7117(a)(2).
• Outcome: Negotiability petition dismissed as moot.
• Key point: The agency's withdrawal removed the issue before the Authority.

Full text (FLRA public release)

[ v07 p272 ]

07:0272(40)NG

The decision of the Authority follows:

7 FLRA No. 40

MICHIGAN STATE
COUNCIL, ASSOCIATION
OF CIVILIAN TECHNICIANS, INC.
(Union)

and

AIR TECHNICIAN DETACHMENT
127TH TACTICAL FIGHTER WING,
MICHIGAN AIR NATIONAL GUARD
(Activity)

Case No. O-NG-572

ORDER DISMISSING PETITION FOR REVIEW

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.) ON A
PETITION FOR REVIEW OF A NEGOTIABILITY ISSUE FILED BY THE UNION.

THE RECORD IN THIS CASE INDICATES THAT THE ACTIVITY IMPLEMENTED A NEW
PROCEDURE GOVERNING THE REGISTRATION AND OPERATION OF MOTOR VEHICLES ON
SELFRIDGE AIR BASE. SUBSEQUENTLY, THE UNION REQUESTED NEGOTIATIONS ON
THE IMPACT AND IMPLEMENTATION OF THE NEW PROCEDURE AND, IN CONJUNCTION
WITH THAT REQUEST, SUBMITTED A PROPOSAL TO THE ACTIVITY "THAT ALL
TECHNICIANS BE ISSUED CIVILIAN ENTRY STICKERS." IN ITS RESPONSE TO THE
UNION, THE ACTIVITY ALLEGED THAT THE UNION'S PROPOSAL WAS INCONSISTENT
WITH A DEPARTMENT OF THE AIR FORCE REGULATION AND, IN EFFECT, THAT THE
DUTY TO BARGAIN THEREFORE DID NOT EXTEND TO THE PROPOSAL. THE UNION
THEN FILED THE INSTANT APPEAL WITH THE AUTHORITY SEEKING A
DETERMINATION, PURSUANT TO SECTION 7117(A)(2) OF THE STATUTE AND SECTION
2424.1(A)(3) OF THE AUTHORITY'S RULES OF PROCEDURE (5 CFR SEC.
2424.1(A)(3)(1981)), AS TO WHETHER A COMPELLING NEED EXISTS FOR THE
AGENCY REGULATION IN QUESTION. IN ITS STATEMENT FILED PURSUANT TO
SECTION 2424.6 OF THE RULES, THE AGENCY WITHDREW THE ACTIVITY'S
ALLEGATION OF NONNEGOTIABILITY.

SINCE THE AGENCY HAS 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.

ACCORDING, IT IS HEREBY ORDERED THAT THE UNION'S PETITION FOR REVIEW
HEREIN BE, AND IT HEREBY IS, DISMISSED.

FOR THE AUTHORITY.

ISSUED, WASHINGTON, D.C., NOVEMBER 25, 1981

JAMES J. SHEPARD, EXECUTIVE DIRECTOR