National Federation of Federal Employees, Local 1994 and Department of Defense, Military Entrance Processing Station, Boston (Authority decision, May 30, 1984)

Final FLRA decision. The Authority dismissed a negotiability petition after the agency withdrew its allegation that the union's proposal was 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 1994 proposed procedures for collecting administrative fees from Boston Military Entrance Processing Station employees who made unauthorized or unofficial toll calls. The activity alleged the proposal was outside the duty to bargain, and the union appealed. The agency later withdrew that allegation. The Authority dismissed the petition because no negotiability issue remained, without deciding the proposal's merits.

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 allegation left no negotiability dispute for the Authority to decide.

Full text (FLRA public release)

[ v14 p771 ]

14:0771(104)NG

The decision of the Authority follows:

14 FLRA No. 104

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 1994
Union

and

DEPARTMENT OF DEFENSE,
MILITARY ENTRANCE PROCESSING STATION,
BOSTON, MASSACHUSETTS
Activity

Case No. O-NG-965

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 proposals concerning the procedures for collecting administrative fees from bargaining unit employees who had made unauthorized/unofficial toll calls. The Activity alleged the Union's proposal to be nonnegotiable. 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 April 6, 1984, 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Since the Agency has withdrawn the Activity's allegation concerning the Union's proposal, there is no longer an issue as to whether the proposal is within the parties' duty to bargain under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., May 30, 1984

Harold D. Kessler,
Director, Case Management