National Federation of Federal Employees, Local 975 and Department of the Air Force, Homestead Air Force Base (Authority decision, June 29, 1984)

Final FLRA decision. The Authority dismissed the negotiability petition after the Air Force withdrew its allegation that the proposal was 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 975 proposed that Homestead Air Force Base not implement its planned civilian appraisal system. The Air Force initially alleged that the proposal was nonnegotiable, and the union asked the Authority for review. The Air Force then withdrew its allegation without prejudice to future cases. The Authority dismissed the petition because there was no negotiability issue left to decide. It did not rule on whether the proposal was 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 allegation ended the pending negotiability dispute.

Full text (FLRA public release)

[ v15 p198 ]

15:0198(35)NG

The decision of the Authority follows:

15 FLRA No. 35

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 975
Union

and

DEPARTMENT OF THE AIR FORCE,
HEADQUARTERS 31st COMBAT
SUPPORT GROUP, HOMESTEAD
AIR FORCE BASE, FLORIDA
Agency

Case No. O-NG-679

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 a negotiability issue 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 a proposal that the Agency's proposed Civilian Potential Appraisal System not be implemented. The Agency alleged the Union's proposal 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 proposal was 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Since the Agency has withdrawn its allegation concerning the Union's proposal, there is no longer an issue as to whether the proposal is within the parties' duty to bargain under the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., June 29, 1984
Harold D. Kessler,
Director, Case Management