AFGE Local 3723 and Naval Air Station Miramar (Authority decision, November 5, 1982)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority in a negotiability proceeding. 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 3723 petitioned for review after Naval Air Station Miramar said a merit-promotion proposal was nonnegotiable. The Navy later withdrew that allegation. The Authority found no remaining negotiability dispute and dismissed the petition without ruling on the proposal.

Decision snapshot

• Authority: 5 U.S.C. § 7105(a)(2)(E).
• Outcome: Negotiability petition dismissed as moot.
• Key point: Withdrawal of the agency’s allegation ended the appeal.

Full text (FLRA public release)

[ v10 p447 ]

10:0447(75)NG

The decision of the Authority follows:

10 FLRA No. 75

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 3723
(Union)

and

NAVAL AIR STATION MIRAMAR,
SAN DIEGO, CALIFORNIA
(Activity)

Case No. O-NG-742

ORDER DISMISSING PETITION FOR REVIEW

THIS CASE IS BEFORE THE AUTHORITY PURSUANT TO SECTION 7105(A)(2)(D)
AND (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. FOR THE REASON
SET FORTH BELOW, THE UNION'S PETITION MUST BE DISMISSED.

THE RECORD BEFORE THE AUTHORITY INDICATES THAT DURING NEGOTIATIONS
BETWEEN THE PARTIES, THE ACTIVITY ALLEGED THAT THE UNION'S PROPOSAL
CONCERNING MERIT PROMOTION WAS NONNEGOTIABLE BECAUSE IT WAS INCONSISTENT
WITH LAW AND REGULATIONS. THE UNION THEN FILED THE INSTANT PETITION FOR
REVIEW WITH THE AUTHORITY SEEKING A DETERMINATION AS TO THE
NEGOTIABILITY OF THE MATTER. SUBSEQUENTLY, THE DEPARTMENT OF THE NAVY
WITHDREW THE ACTIVITY'S ALLEGATION OF NONNEGOTIABILITY.

SINCE THE ALLEGATION CONCERNING THE UNION'S PROPOSAL HAS BEEN
WITHDRAWN, THERE IS NO LONGER AN ISSUE AS TO WHETHER THE PROPOSAL IS
WITHIN THE PARTIES' DUTY TO BARGAIN UNDER THE STATUTE. THE DISPUTE
INVOLVED IN THE UNION'S APPEAL THEREFORE HAS BEEN RENDERED MOOT.

ACCORDINGLY, IT IS ORDERED THAT THE INSTANT PETITION FOR REVIEW BE,
AND IT HEREBY IS, DISMISSED.

FOR THE AUTHORITY.

ISSUED, WASHINGTON, D.C., NOVEMBER 5, 1982

JAMES J. SHEPARD, EXECUTIVE DIRECTOR