Federal Employees Metal Trades Council and Portsmouth Naval Shipyard (Authority decision, July 24, 1984)

Final FLRA decision. The Authority dismissed the negotiability petition after the Navy withdrew its allegation that the union 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

The Federal Employees Metal Trades Council proposed annual leave arrangements for shipyard employees who were not needed during a holiday curtailment period. The Portsmouth Naval Shipyard initially said the proposal was outside the duty to bargain, and the union sought Authority review. The Department of the Navy later withdrew that allegation. With no negotiability dispute left to decide, the Authority dismissed the petition without ruling on the proposal's merits.

Decision snapshot

• Authority: Negotiability review under 5 U.S.C. § 7105(a)(2)(E).
• Outcome: Petition dismissed after the agency withdrew its nonnegotiability allegation.
• Key point: The Authority did not decide whether the annual leave proposal was negotiable.

Full text (FLRA public release)

[ v15 p396 ]

15:0396(81)NG

The decision of the Authority follows:

15 FLRA No. 81

FEDERAL EMPLOYEES METAL TRADES COUNCIL
Union

and

PORTSMOUTH NAVAL SHIPYARD
Activity

Case No. O-NG-995

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 in this case indicates that during the course of negotiations, the Activity declared a Union proposal concerning the use of annual leave by employees not required for work during the holiday curtailment period covering November 23, December 24 and December 31, 1984, to be nonnegotiable. 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 June 26, 1984, the Department of the Navy (the Agency) withdrew the Activity's 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Since the Agency has withdrawn the allegation of nonnegotiability concerning the Union's proposal, there is no longer an issue as to whether the proposal in this case is within the parties'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., July 24, 1984

Jan K. Bohren
Executive Director / Administrator