National Federation of Federal Employees, Local 153 and U.S. Air Force, MacDill Air Force Base (Authority decision, July 13, 1984)

Final FLRA decision. The Authority dismissed the negotiability petition after the Air Force withdrew its allegation that the proposals were nonnegotiable. An aggrieved person may seek judicial review of a final Authority order in an appropriate United States court of appeals within 60 days after issuance under 5 U.S.C. § 7123(a).

Plain-English summary

NFFE Local 153 proposed terms concerning a new civilian appraisal system and a joint committee to review its implementation at MacDill Air Force Base. The Air Force initially alleged that the proposals were nonnegotiable, and the union sought Authority review. The Air Force later withdrew its allegation without prejudice to future cases. The Authority dismissed the petition because the negotiability dispute had ended. It did not decide whether the proposals were within the duty to bargain.

Decision snapshot

• Authority: Negotiability review under 5 U.S.C. § 7105(a)(2)(E).
• Outcome: Petition dismissed after agency withdrawal; no merits ruling.
• Key point: Withdrawal of the nonnegotiability allegation left no proposal dispute for the Authority.

Full text (FLRA public release)

[ v15 p259 ]

15:0259(51)NG

The decision of the Authority follows:

15 FLRA No. 51

NATIONAL FEDERATION OF
FEDERAL EMPLOYEES, LOCAL 153
Union

and

U.S. AIR FORCE,
MACDILL AIR FORCE BASE, FLORIDA
Agency

Case No. O-NG-669

ORDER DISMISSING PETITION FOR REVIEW

This case is before the Authority pursuant to section 7105(a)(2)(E) of the Federal Service Labor-Management Relations Statute on a petition for review of the negotiability issues filed by the Union.

From the submissions of the parties, the record before the Authority in this case indicates that during the course of negotiations, the Union submitted proposals concerning the Agency's proposed Civilian Potential Appraisal System and a proposal to establish a joint labor-management committee to review the Agency's implementation of the proposed Civilian Potential Appraisal System. The Agency alleged the Union's proposals to be nonnegotiable. The Union then sought the Authority's determination, pursuant to section 7117(a) of the Statute and section 2424.1 of the Authority's Rules and Regulations, as to whether the disputed proposals are within the duty to bargain. Subsequently, in a letter dated May 11, 1984, the Agency withdrew, "without prejudice to future cases," its allegation of nonnegotiability.

Since the Agency has withdrawn its allegation concerning the Union's proposals, there is no longer an issue as to whether the proposals are within the parties' duty to bargain under the Statute.

Accordingly, and apart from other considerations, IT IS HEREBY ORDERED that the instant petition for review be dismissed.

Issued, Washington, D.C., July 13, 1984

Harold D. Kessler
Director, Case Management