NTEU and IRS Ogden Service Center (Authority decision, September 2, 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

NTEU appealed the IRS Ogden Service Center’s allegation that proposed shifts and tours of duty conflicted with management rights. The agency later withdrew its nonnegotiability allegation. The Authority found no remaining dispute and dismissed the appeal as moot without deciding the proposals’ negotiability.

Decision snapshot

• Authority: 5 U.S.C. § 7105(a)(2)(E).
• Outcome: Appeal dismissed as moot; no negotiability ruling.
• Key point: Withdrawal of the agency allegation ended the negotiability dispute.

Full text (FLRA public release)

[ v10 p9 ]

10:0009(2)AR

The decision of the Authority follows:

10 FLRA No. 2

NATIONAL TREASURY EMPLOYEES UNION
(Union)

and

DEPARTMENT OF THE TREASURY,
INTERNAL REVENUE SERVICE,
OGDEN SERVICE CENTER, OGDEN, UTAH
(Activity)

Case No. O-NG-714

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
2424.3 OF THE AUTHORITY'S RULES AND REGULATIONS ON A PETITION FOR REVIEW
OF A NEGOTIABILITY ISSUES FILED BY THE UNION.

THE RECORD IN THIS CASE INDICATES THAT DURING NEGOTIATIONS BETWEEN
THE ACTIVITY AND THE UNION, THE ACTIVITY ALLEGED THAT PROPOSALS
CONCERNING SHIFTS AND TOURS OF DUTY IN THE ACTIVITY'S ADJUSTMENTS BRANCH
WERE NONNEGOTIABLE BECAUSE THEY WOULD CONFLICT WITH MANAGEMENT'S RIGHTS
UNDER SECTION 7106(B)(1) TO DETERMINE THE METHODS AND MEANS BY WHICH
WORK IS PERFORMED. THE UNION THEN FILED THE INSTANT APPEAL WITH THE
AUTHORITY SEEKING A DETERMINATION, PURSUANT TO SECTION 7117(C)(1) OF THE
STATUTE AND SECTION 2424.1(A) OF THE AUTHORITY'S RULES AND REGULATIONS,
AS TO THE NEGOTIABILITY OF THE MATTER. SUBSEQUENTLY, IN A LETTER DATED
AUGUST 18, 1982, THE AGENCY WITHDREW THE ALLEGATION OF NONNEGOTIABILITY.

SINCE THE AGENCY HAS WITHDRAWN THE ALLEGATION CONCERNING THE UNION'S
PROPOSALS, THERE IS NO LONGER AN ISSUE AS TO WHETHER THE PROPOSALS IN
THIS CASE ARE WITHIN THE PARTIES' 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 INSTANT APPEAL BE, AND IT HEREBY IS,
DISMISSED.

FOR THE AUTHORITY.

ISSUED, WASHINGTON, D.C., SEPTEMBER 2, 1982

JAMES J. SHEPARD, EXECUTIVE DIRECTOR