National Federation of Federal Employees, Local 1113 and Department of the Air Force, Headquarters 325th Combat Support Group, Tyndall Air Force Base (Authority decision, June 13, 1984)

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

NFFE Local 1113 appealed an Air Force agency head's disapproval of negotiated provisions for union membership on two awards bodies at Tyndall Air Force Base. The agency head had cited law and agency regulation as barriers to the provisions. The Air Force then withdrew its nonnegotiability allegation. The Authority dismissed the petition because no negotiability dispute remained; it did not decide whether the provisions were within the duty to bargain.

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: Withdrawal of the nonnegotiability allegation ended the appeal.

Full text (FLRA public release)

[ v15 p94 ]

15:0094(17)NG

The decision of the Authority follows:

15 FLRA No. 17

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 1113
Union

and

DEPARTMENT OF THE AIR FORCE,
HEADQUARTERS 325th COMBAT
SUPPORT GROUP (TAC),
TYNDALL AIR FORCE BASE, FLORIDA
Activity

Case No. O-NG-897

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 the local parties executed a collective bargaining agreement and submitted it to the agency head for review and approval pursuant to section 7114(c) of the Statute. The agency head disapproved several provisions of the agreement concerning Union membership on the Base Suggestion Awards Committee and the Base Incentive Awards Board as contrary to law and agency regulation. 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 April 25, 1984, the Agency withdrew the allegation of nonnegotiability.

Since the Agency has withdrawn the allegation concerning the Union's proposals, 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., June 13, 1984
Harold D. Kessler, Director, Case
Management