Goddard Engineers, Scientists and Technicians Association, Local 29 and National Aeronautics and Space Administration, Goddard Space Flight Center (Authority decision, May 13, 1982)

Final FLRA decision. The Authority dismisses the negotiability appeal after the agency withdraws its allegation. Under 5 U.S.C. § 7123(a), an aggrieved party may seek judicial review of a qualifying final Authority order within 60 days after issuance.

Plain-English summary

A union at NASA's Goddard Space Flight Center appealed the agency's assertion that its proposed performance standards were outside the duty to bargain. The agency later withdrew that assertion. Because no negotiability dispute remained, the Authority dismissed the appeal as moot without deciding whether the proposals were negotiable.

Decision snapshot

• Authority: 5 U.S.C. §§ 7105(a)(2)(E) and 7117(c)(1).
• Outcome: Petition for review dismissed as moot.
• Key point: Withdrawal of an agency's nonnegotiability allegation leaves no live issue for a negotiability appeal.

Full text (FLRA public release)

[ v08 p539 ]

08:0539(106)NG

The decision of the Authority follows:

8 FLRA No. 106

GODDARD ENGINEERS, SCIENTISTS
AND TECHNICIANS ASSOCIATION,
LOCAL 29
(Union)

and

NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION, GODDARD SPACE
FLIGHT CENTER
(Activity)

Case No. O-NG-605

ORDER DISMISSING PETITION FOR REVIEW

THIS CASE IS BEFORE THE AUTHORITY PURSUANT TO SECTION 7105(A)(2)(E)
OF THE FEDERAL SERVICES LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C.
7101 ET SEQ.) ON A PETITION FOR REVIEW OF NEGOTIABILITY ISSUES FILED BY
THE UNION.

THE RECORD IN THIS CASE INDICATES THAT THE ACTIVITY ALLEGED THE
UNION'S PROPOSALS ON PERFORMANCE STANDARDS WERE NONNEGOTIABLE BECAUSE
THEY CONFLICTED WITH THE PROVISIONS OF 5 U.S.C. 7106(A)(2) AND
7106(B)(1). THE UNION THEN FILED THE INSTANT APPEAL WITH THE AUTHORITY
SEEKING A DETERMINATION, PURSUANT TO SECTION 7117(C)(1) OF THE STATUTE
AND SECTION 2424.1(A)(1981)), AS TO THE NEGOTIABILITY OF THE DISPUTED
PROPOSALS. SUBSEQUENTLY, BY LETTER DATED APRIL 19, 1982, THE AGENCY
WITHDREW THE ACTIVITY'S ALLEGATION OF NONNEGOTIABILITY.

SINCE THE AGENCY HAS WITHDRAWN THE ALLEGATION CONCERNING THE UNION'S
PROPOSALS, THERE IS NO LONGER AN ISSUE AS TO WHETHER THE PROPOSALS IN
THIS CASE ARE WITHIN THE PARTIES' DUTY TO BARGAIN UNDER THE STATUTE.
THE DISPUTE INVOLVED IN THE UNION'S APPEAL THEREFORE HAS BEEN RENDERED
MOOT.

ACCORDINGLY, FOR THE REASONS STATED HEREIN, AND APART FROM OTHER
CONSIDERATIONS,

IT IS HEREBY ORDERED, THAT THE INSTANT APPEAL BE, AND IT HEREBY IS,
DISMISSED.

FOR THE AUTHORITY.

ISSUED, WASHINGTON, D.C., MAY 13, 1982

JAMES J. SHEPARD, EXECUTIVE DIRECTOR