National Federation of Federal Employees, Local 28 and Department of the Army Headquarters, U.S. Army Health Services Command, Fort Sam Houston, Texas (Authority decision, January 31, 1984)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority dismissing a negotiability petition. An aggrieved person may seek judicial review by filing a petition in an appropriate United States court of appeals within 60 days after issuance under 5 U.S.C. § 7123(a). Filing a petition does not stay the Authority's order unless the court orders a stay under 5 U.S.C. § 7123(c).

Plain-English summary

NFFE Local 28 sought review after the Army disapproved provisions of a collective bargaining agreement at Fort Sam Houston. The union filed its petition on October 18, 1983. The agency later withdrew its allegation that the disputed proposal was nonnegotiable. The Authority found that no negotiability dispute remained and dismissed the petition without deciding the proposal's merits.

Decision snapshot

• Authority: Agency-head review under 5 U.S.C. § 7114(c) and negotiability review under § 7117(a)(1).
• Outcome: Petition dismissed after the agency withdrew its nonnegotiability allegation.
• Key point: Withdrawal of the agency's allegation left no negotiability issue for the Authority to decide.

Full text (FLRA public release)

[ v13 p705 ]

13:0705(114)NG

The decision of the Authority follows:

13 FLRA No. 114

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 28
Union

and

DEPARTMENT OF THE ARMY HEADQUARTERS,
U.S. ARMY HEALTH SERVICES COMMAND,
FORT SAM HOUSTON, TEXAS
Activity

Case No. O-NG-918

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 in the record before the Authority, it appears that the local parties executed a collective bargaining agreement and forwarded the agreement 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 by memorandum served on the union on October 4, 1983. The Union filed the instant petition for review with the Authority on October 18, 1983. 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 November 14, 1983, the Agency withdrew the Activity's allegation of nonnegotiability.

Since the Agency has withdrawn the Activity's 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., January 31, 1984
James J. Shepard, Executive
Director