AFGE Local 32 and Office of Personnel Management (Authority decision, August 22, 1983)

Final FLRA decision. The Authority dismissed the negotiability petition described below. Under 5 U.S.C. § 7123(a), a person aggrieved by a final Authority order may generally seek judicial review within 60 days of issuance. A review petition does not itself stay the order.

Plain-English summary

AFGE Local 32 sought a negotiability ruling on a proposal about reassignment procedures at the Office of Personnel Management. OPM later withdrew its allegation that the proposal was nonnegotiable. The Authority found that no duty to bargain dispute remained. It dismissed the union’s petition without ruling on the proposal.

Decision snapshot

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

Full text (FLRA public release)

[ v12 p629 ]

12:0629(121)NG

The decision of the Authority follows:

12 FLRA No. 121

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 32, AFL-CIO
(Union)

and

OFFICE OF PERSONNEL MANAGEMENT
(Agency)

Case No. O-NG-872

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 reassignment procedures for employees interested in examiner, ASR, Contact rep and Clerk Typist positions within a newly created unit. The agency 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 a letter dated August 1, 1983, the agency withdrew the 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Since the agency has withdrawn the allegation concerning the union's proposal, there is no longer an issue as to whether the proposal is within the parties' duty to bargain under the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., August 22, 1983 James J. Shepard, Executive Director