American Federation of Government Employees, Local 1581 and Social Security Administration (Authority decision, January 27, 1983)

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

AFGE Local 1581 appealed a Social Security Administration claim that its free-parking proposal conflicted with agency and government-wide rules. The agency later withdrew its allegation of nonnegotiability. With no dispute left for it to decide, the Authority dismissed the petition. It did not rule on whether the parking proposal was negotiable.

Decision snapshot

• Authority: Negotiability review under 5 U.S.C. § 7105(a)(2)(D).
• Outcome: Petition dismissed after agency withdrew its nonnegotiability allegation.
• Key point: Withdrawal of the agency allegation left no negotiability issue for review.

Full text (FLRA public release)

[ v11 p128 ]

11:0128(32)NG

The decision of the Authority follows:

11 FLRA No. 32

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 1581
(Union)

and

SOCIAL SECURITY ADMINISTRATION
(Activity)

CASE No. O-NG-696

ORDER DISMISSING PETITION FOR REVIEW

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

The record before the Authority in this case indicates that the activity alleged a proposal concerning free parking for bargaining unit employees was nonnegotiable because it conflicted with agency and government-wide rules and regulations. The union then sought the Authority's determination, pursuant to section 7117(a)(1) of the Statute and section 2424.1(a) of the Authority's Rules and Regulations, as to whether the disputed proposal was within the parties' duty to bargain. Subsequently, in a letter dated December 15, 1982, 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Since the agency has withdrawn the allegation concerning the union's proposal, there is no longer an issue as to whether the proposal is within the parties' duty to bargain under the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, and it hereby is, dismissed.

For the Authority.

Issued, Washington, D.C., January 27, 1983

James J. Shepard, Executive
Director