American Federation of Government Employees, AFL-CIO (Union) and Air Force Logistics Command, Wright-Patterson Air Force Base, Ohio (Activity)

 



[ v06 p458 ]
06:0458(81)NG
The decision of the Authority follows:


 6 FLRA No. 81
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, AFL-CIO
 (Union)
 
 and
 
 AIR FORCE LOGISTICS
 COMMAND, WRIGHT-PATTERSON
 AIR FORCE BASE, OHIO
 (Activity)
 
                                            Case No. O-NG-518
 
                   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 (5 U.S.C. 7101
 ET SEQ.) ON A PETITION FOR REVIEW OF A NEGOTIABILITY ISSUE FILED BY THE
 UNION.
 
    THE RECORD IN THIS CASE INDICATES THAT DURING NEGOTIATIONS BETWEEN
 THE ACTIVITY AND THE UNION, THE ACTIVITY ALLEGED THAT IT LACKED
 DISCRETION TO NEGOTIATE ON A UNION PROPOSAL CONCERNING THE MERIT
 PROMOTION PROCESS BECAUSE THE PROPOSAL CONFLICTED WITH AN AIR FORCE
 REGULATION AND, IN EFFECT, THAT THE DUTY TO BARGAIN THEREFORE DID NOT
 EXTEND TO THE PROPOSAL.  THE UNION THEN FILED THE INSTANT APPEAL WITH
 THE AUTHORITY, SEEKING A DETERMINATION, PURSUANT TO SECTION 7117(B) OF
 THE STATUTE AND SECTION 2424.1(B)(3) OF THE AUTHORITY'S RULES OF
 PROCEDURE (5 CFR 2424.1(B)(3) (1981)), 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(1981)), THE AGENCY 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    SINCE THE AGENCY HAS WITHDRAWN THE ALLEGATION CONCERNING THE UNION'S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., AUGUST 26, 1981
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR