American Federation of Government Employees, Council of Social Security Locals and Social Security Administration (Authority decision, October 21, 1983)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority. Under 5 U.S.C. § 7123(a), an aggrieved person may generally seek judicial review in an appropriate United States court of appeals within 60 days after issuance. A review petition does not itself stay the order.

Plain-English summary

AFGE proposed selection procedures for employees temporarily assigned to another Social Security Administration installation. The agency initially alleged that the proposal was outside the duty to bargain, and the union sought Authority review. The agency later withdrew its objection. The Authority found no negotiability issue left and dismissed the petition without deciding the proposal’s merits.

Decision snapshot

• Authority: 5 U.S.C. § 7105(a)(2)(E).
• Outcome: Petition dismissed after the agency withdrew its nonnegotiability allegation.
• Key point: Withdrawal of the challenged allegation ended the negotiability dispute.

Full text (FLRA public release)

[ v13 p340 ]

13:0340(54)NG

The decision of the Authority follows:

13 FLRA No. 54

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, COUNCIL OF SOCIAL
SECURITY LOCALS
(Union)

and

DEPARTMENT OF HEALTH AND HUMAN
SERVICES, SOCIAL SECURITY ADMINISTRATION
(Activity)

Case No. O-NG-779

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 a negotiability issue 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 a proposal concerning selection procedures for employees temporarily assigned to another installation of the Activity. The Activity alleged the Union's proposal to be nonnegotiable. 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 duty to bargain. Subsequently, in its statement of position dated September 23, 1983, 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Since the Agency has withdrawn the allegation concerning the Union's proposal, there is no longer an issue as to whether the proposal is within the parties' duty to bargain under the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 dismissed. For the Authority. Issued, Washington, D.C., October 21, 1983. James J. Shepard, Executive Director