NFFE Local 29 and U.S. Army Corps of Engineers, Kansas City District (Authority decision, September 15, 1983)

Final FLRA decision. The Authority resolved the matter 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

NFFE Local 29 sought a negotiability ruling on a proposal about conflicts between agency regulations and the parties’ agreement. The Corps of Engineers had orally objected to the proposal, but later withdrew its allegation that the proposal was nonnegotiable. The Authority found no remaining dispute about the duty to bargain and dismissed the petition without deciding the proposal’s negotiability.

Decision snapshot

• Authority: 5 U.S.C. § 7105(a)(2)(E).
• Outcome: Petition dismissed after the agency withdrew its allegation of nonnegotiability.
• Key point: A withdrawn objection left no negotiability issue for the Authority to decide.

Full text (FLRA public release)

[ v13 p38 ]

13:0038(6)NG

The decision of the Authority follows:

13 FLRA No. 6

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 29
(Union)

and

U.S. ARMY CORPS OF ENGINEERS,
KANSAS CITY DISTRICT, KANSAS CITY,
MISSOURI
(Activity)

Case No. O-NG-883

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, the Union submitted a proposal concerning possible conflicts between Agency regulations and provisions of the parties' negotiated agreement. The Activity apparently orally declared the Union's proposal to be nonnegotiable, but did not respond to the Union's subsequent request for a written allegation. The Union then sought the Authority's determination as to whether the disputed proposal was within the duty to bargain. Subsequently, in a letter dated August 25, 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Since the Agency has withdrawn the allegation concerning the Union's proposal, there is no longer an issue as to whether the proposal is within the parties' duty to bargain under the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, the Union's petition for review is hereby dismissed. For the Authority. Issued, Washington, D.C., September 15, 1983 James J. Shepard, Executive Director