American Federation of Government Employees, Council 214 and Air Force Logistics Command, Wright-Patterson Air Force Base (Authority decision, November 9, 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 Council 214 challenged the Air Force activity’s refusal to bargain over proposals concerning the implementation of a letter about withholding within-grade increases. During the appeal, the Air Force cancelled the letter that had prompted the proposals. The Authority found the dispute moot and dismissed the petition. It did not decide whether the proposals were negotiable.

Decision snapshot

• Authority: 5 U.S.C. § 7105(a)(2)(E).
• Outcome: Petition dismissed as moot without a negotiability ruling.
• Key point: Cancellation of the underlying policy ended the live bargaining dispute.

Full text (FLRA public release)

[ v13 p390 ]

13:0390(64)NG

The decision of the Authority follows:

13 FLRA No. 64

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, COUNCIL 214
(Union)

and

AIR FORCE LOGISTICS
COMMAND, WRIGHT-PATTERSON
AIR FORCE BASE, OHIO
(Activity)

Case No. O-NG-889

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 and section 2424.1 of the Authority's Rules and Regulations on a petition for review of negotiability issues filed by the Union.

From the submission of the parties in the record before the Authority it appears that the Department of the Air Force (the Agency) issued a letter dated August 12, 1982, concerning the procedures for withholding within-grade increases for Federal Wage Systems Employees. During impact and implementation bargaining on the provisions of the August 12, 1982, letter, the Activity declared certain of the Union's proposals to be nonnegotiable. The Union then filed the instant petition for review with the Authority.

In its statement of position filed September 9, 1983, the Agency informed the Authority that the August 12, 1982, letter has been cancelled, and argues the Union's appeal has been rendered moot.

Upon careful consideration of the submissions of the parties, it has been determined that the cancellation of the letter which gave rise to the negotiability issues presented in the Union's petition has served to render the dispute between the parties moot.

Accordingly, without passing on the merits of the Union's proposals, and apart from other considerations, the Union's petition for review is hereby dismissed. For the Authority. Issued, Washington, D.C., November 9, 1983 James J. Shepard, Executive Director