American Federation of Government Employees, Local 2840 and U.S. Air Force, Blytheville Air Force Base (Authority decision, June 29, 1984)

Final FLRA decision. The Authority dismissed the negotiability petition after the Air Force withdrew its allegation that the proposal was 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

AFGE Local 2840 proposed terms concerning use of a civilian appraisal system in personnel actions at Blytheville Air Force Base. The base alleged the proposal was outside the duty to bargain, and the union petitioned the Authority. The Air Force later withdrew the allegation without prejudice to future cases. The Authority dismissed the petition because the dispute had ended. It did not decide whether the appraisal 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• Key point: The withdrawn allegation left no negotiability issue to decide.

Full text (FLRA public release)

[ v15 p193 ]

15:0193(32)NG

The decision of the Authority follows:

15 FLRA No. 32

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2840, AFL-CIO
Union

and

U.S. AIR FORCE, BLYTHEVILLE
AIR FORCE BASE, BLYTHEVILLE,
ARKANSAS
Activity

Case No. O-NG-803

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.

The record before the Authority indicates that during the course of negotiations between the Activity and the Union, the Activity alleged a Union proposal concerning the use of the Agency's proposed Civilian Potential Appraisal System in personnel actions involving bargaining unit employees was nonnegotiable. The Union then sought the Authority's determination, pursuant to section 7117 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," the Activity's allegation of nonnegotiability.

Since the Agency has withdrawn the allegations concerning the Union's proposal, there is no longer an issue as to whether the proposal is within the parties' duty to bargain under the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, the Union's petition for review is hereby dismissed.

For the Authority.

Issued, Washington, D.C., June 29, 1984
Harold D. Kessler, Director, Case
Management