National Federation of Federal Employees, Local 1384 and Department of the Air Force, Hanscom 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 1384 submitted two proposals about Air Force civilian appraisal systems at Hanscom Air Force Base. One would stop implementation of a proposed appraisal system, and the other would add an element to a job performance appraisal system. The Air Force initially alleged that both 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 without deciding whether either proposal was negotiable.

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: The withdrawal left no negotiability dispute for the Authority to decide.

Full text (FLRA public release)

[ v15 p257 ]

15:0257(50)NG

The decision of the Authority follows:

15 FLRA No. 50

NATIONAL FEDERATION OF
FEDERAL EMPLOYEES, LOCAL 1384
Union

and

DEPARTMENT OF THE AIR FORCE,
HEADQUARTERS 3245th
AIR BASE GROUP (AFSC),
HANSCOM AIR FORCE BASE,
MASSACHUSETTS
Agency

Case No. O-NG-701

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 two proposals. One proposal required that the Agency's proposed Civilian Potential Appraisal System not be implemented. The second proposal added an element to the Agency's Job Performance 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 were 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