Services Employees' International Union, Local 556, AFL-CIO (Union) and Headquarters, 15th Air Base Wing (PACAF), Hickam Air Force Base, Hawaii (Activity)

 



[ v04 p227 ]
04:0227(34)NG
The decision of the Authority follows:


 4 FLRA No. 34
 
 SERVICE EMPLOYEES'
 INTERNATIONAL UNION,
 AFL-CIO, LOCAL 556
 (Union)
 
 and
 
 HEADQUARTERS, 15TH AIR
 BASE WING (PACAF),
 HICKAM AIR FORCE BASE,
 HAWAII
 (Activity)
 
                                            Case No. 0-NG-359
 
                   ORDER DISMISSING PETITION FOR REVIEW
 
    THIS MATTER COMES BEFORE THE FEDERAL LABOR RELATIONS AUTHORITY
 PURSUANT TO SECTION 7105(A)(2)(E) OF THE FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C.  7101 ET SEQ. (SUPP.
 II(1978)).
 
    THE RECORD IN THIS CASE INDICATES THAT DURING NEGOTIATIONS BETWEEN
 THE ACTIVITY AND THE UNION, THE ACTIVITY ALLEGED THAT A UNION PROPOSAL
 CONCERNING REDUCTION-IN-FORCE PROCEDURES WAS INCONSISTENT WITH A
 DEPARTMENT OF THE AIR FORCE REGULATION AND, IN EFFECT, THAT THE DUTY TO
 BARGAIN THEREFORE DID NOT EXTEND TO THE PROPOSAL.  THE UNION SOUGHT THE
 AUTHORITY'S DETERMINATION, PURSUANT TO SECTION 7117(A)(2) OF THE STATUTE
 AND SECTION 2424.11 OF THE AUTHORITY'S RULES OF PROCEDURE (5 CFR
 2424.11(1980)), AS TO WHETHER A COMPELLING NEED EXISTS FOR THE AGENCY
 REGULATION IN QUESTION.  SUBSEQUENTLY, IN ITS STATEMENT FILED PURSUANT
 TO SECTION 2424.6 OF THE RULES (5 CFR 2424.6(1980)), THE AGENCY, IN
 EFFECT, WITHDREW THE ACTIVITY'S 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    SINCE THE AGENCY HAS WITHDRAWN THE ALLEGATION CONCERNING THE UNION'S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 IN THIS
 CASE IS WITHIN THE PARTIES' DUTY TO BARGAIN UNDER THE STATUTE.  THE
 DISPUTE INVOLVED IN THE UNION'S APPEAL THEREFORE HAS BEEN RENDERED MOOT.
  ACCORDINGLY,
 
    IT IS HEREBY ORDERED THAT THE UNION'S PETITION FOR REVIEW HEREIN BE,
 AND IT HEREBY IS, DISMISSED.
 
    FOR THE AUTHORITY.
 
    ISSUED, WASHINGTON, D.C., SEPTEMBER 19, 1980
 
               HAROLD D. KESSLER, ACTING EXECUTIVE DIRECTOR
 
                          CERTIFICATE OF SERVICE
 
    A COPY OF THE AUTHORITY'S ORDER DATED SEPTEMBER 19, 1980, IN THE
 INSTANT CASE, SENT TO THE FOLLOWING:
 
    MR. LAURENCE R. AH NEE, SR.
 
    PRESIDENT, LOCAL 556
 
    SERVICE EMPLOYEES' INTERNATIONAL
 
    UNION, AFL-CIO
 
    666 KOHOU STREET, ROOM 201
 
    HONOLULU, HAWAII 96817
 
    MR. DAVID H. GREEN, DIRECTOR
 
    LABOR-MANAGEMENT RELATIONS
 
    DEPARTMENT OF DEFENSE
 
    OASD (MRA&L)
 
    ROOM 3D264, THE PENTAGON
 
    WASHINGTON, D.C. 20301
 
    MR. DON A. DRESSER, CHIEF
 
    LABOR RELATIONS DIVISION
 
    DIRECTORATE OF CIVILIAN PERSONNEL
 
    DEPARTMENT OF THE AIR FORCE
 
    WASHINGTON, D.C. 20330