AFGE Local 2069 and Dobbins Air Force Base (Authority decision, August 27, 1982)

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 2069 appealed agency-head disapproval of provisions in a local agreement. The parties later agreed on some provisions and the Air Force withdrew its objection to the rest. The Authority found no remaining negotiability dispute and dismissed the petition as moot.

Decision snapshot

• Authority: 5 U.S.C. § 7114(c).
• Outcome: Petition dismissed as moot; no negotiability ruling.
• Key point: Agreement and withdrawal resolved the challenged provisions.

Full text (FLRA public release)

[ v09 p1073 ]

09:1073(153)NG

The decision of the Authority follows:

9 FLRA No. 153

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 2069
(Union)

and

DEPARTMENT OF THE AIR FORCE,
DOBBINS AIR FORCE BASE, GEORGIA
(Activity)

Case No. O-NG-707

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 AND SECTION
2424.1 OF THE AUTHORITY'S RULES AND REGULATIONS ON A PETITION FOR REVIEW
OF NEGOTIABILITY ISSUES FILED BY THE UNION.

FROM THE RECORD BEFORE THE AUTHORITY IT APPEARS THAT DURING THE
COURSE OF REVIEWING THE LOCAL PARTIES' AGREEMENT PURSUANT TO SECTION
7114(C) OF THE STATUTE, THE AGENCY ALLEGED CERTAIN PROVISIONS OF THE
AGREEMENT TO BE NONNEGOTIABLE BECAUSE THEY VIOLATED LAW, RULE OR
REGULATION. THE UNION THEN FILED THE INSTANT PETITION FOR REVIEW WITH
THE AUTHORITY SEEKING A DETERMINATION, PURSUANT TO SECTION 7117(C) OF
THE STATUTE, AS TO THE NEGOTIABILITY OF THE MATTER. SUBSEQUENTLY, THE
PARTIES REACHED AGREEMENT ON CERTAIN OF THE DISPUTED PROVISIONS AND IN A
LETTER DATED AUGUST 11, 1982, THE AGENCY WITHDREW THE ALLEGATION OF
NONNEGOTIABILITY AS TO THE REMAINDER.

BASED ON THE AGREEMENT REACHED BY THE PARTIES AND THE AGENCY'S
WITHDRAWAL OF THE ALLEGATION CONCERNING THE UNION'S PROPOSALS, THERE IS
NO LONGER AN ISSUE AS TO WHETHER THE PROPOSALS IN THIS CASE ARE WITHIN
THE 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 UNION'S PETITION FOR REVIEW BE, AND IT
HEREBY IS, DISMISSED.

FOR THE AUTHORITY.

ISSUED, WASHINGTON, D.C., AUGUST 27, 1982

JAMES J. SHEPARD, EXECUTIVE DIRECTOR