International Association of Machinists and Aerospace Workers, Lodge 81 and Department of the Army, Rock Island Arsenal (Authority decision, August 3, 1984)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority on 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

The Army disapproved a provision of a Rock Island Arsenal labor agreement concerning changes to employees' prescheduled basic workweek. Machinists Lodge 81 sought a negotiability ruling from the Authority. The Army then withdrew its allegation that the provision was nonnegotiable. With no nonnegotiability dispute remaining, the Authority dismissed the petition without deciding the provision's merits.

Decision snapshot

• Authority: Agency head review under 5 U.S.C. § 7114(c); negotiability review under § 7117.
• Outcome: Petition dismissed after the agency withdrew its nonnegotiability allegation.
• Key point: Withdrawal of the agency's allegation removed the negotiability issue before the Authority.

Full text (FLRA public release)

[ v15 p437 ]

15:0437(88)NG

The decision of the Authority follows:

15 FLRA No. 88

INTERNATIONAL ASSOCIATION OF MACHINISTS
AND AEROSPACE WORKERS, LODGE 81
Union

and

DEPARTMENT OF THE ARMY,
ROCK ISLAND ARSENAL
Agency

Case No. O-NG-973

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 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 a provision of the agreement concerning the rescheduling of the employees' pre-scheduled basic workweek. 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 proposal was within the duty to bargain. Subsequently, in a letter dated April 6, 1984, the Agency withdrew the allegation of nonnegotiability.

Since the Agency has withdrawn the allegation concerning the Union's proposal, there is no longer an issue as to whether the proposal is within the parties' duty to bargain under the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., August 3, 1984
Jan K. Bohren, Executive
Director/Administrator