National Federation of Federal Employees, Local 1300 and General Services Administration (Authority decision, March 26, 1984)

Final FLRA decision. The Authority dismissed the negotiability petition without deciding the proposal's merits. 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 1300 proposed a change concerning travel advances during bargaining with the General Services Administration. The agency initially said the proposal was nonnegotiable, and the union sought review from the Authority. The agency then withdrew its objection. With no remaining dispute over negotiability, the Authority dismissed the petition without ruling on the proposal's merits.

Decision snapshot

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

Full text (FLRA public release)

[ v14 p161 ]

14:0161(31)NG

The decision of the Authority follows:

14 FLRA No. 31

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 1300
Union

and

GENERAL SERVICES ADMINISTRATION
Agency

Case No. O-NG-896

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 travel advances. Apparently, the Agency orally declared the Union's proposal to be nonnegotiable, but did not respond to the Union's written request for an allegation of nonnegotiability. The Union filed the instant petition for review with the Authority pursuant to section 2424.3 of the Authority's Rules and Regulations, as to whether the disputed proposal was within the duty to bargain. Subsequently in a letter to the Authority dated September 30, 1984, the Agency withdrew the allegation of nonnegotiability.

Since the Agency has withdrawn the allegation of nonnegotiability concerning the Union's proposal, there is no longer an issue as to whether the proposal in this case is within the parties' duty to bargain under the Statute.

Accordingly, and apart from other considerations, the petition for review in this case is hereby dismissed.

For the Authority.

Issued, Washington, D.C., March 26, 1984
Harold D. Kessler, Director, Case
Management