National Federation of Federal Employees, Local 1363 (Union) and Headquarters, U.S. Army Garrison, Yongsan, Korea (Activity)



[ v06 p562 ]
06:0562(101)NG
The decision of the Authority follows:


 6 FLRA No. 101
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 1363
 Union
 
 and
 
 HEADQUARTERS, U.S. ARMY GARRISON,
 YONGSAN, KOREA
 Activity
 
                                            Case No. O-NG-271
 
                DECISION AND ORDER ON NEGOTIABILITY APPEAL
 
    THE PETITION FOR REVIEW IN THIS CASE COMES BEFORE THE FEDERAL LABOR
 RELATIONS AUTHORITY PURSUANT TO SECTION 7105(A)(2)(E) OF THE FEDERAL
 SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE).
 
    THE RECORD REVEALS THAT THE UNION INITIALLY FILED A CHARGE OF UNFAIR
 LABOR PRACTICE IN CASE NO. 8-CA-172 ALLEGING THAT THE EIGHTH U.S. ARMY,
 OF WHICH THE ACTIVITY IS A COMPONENT, ESTABLISHED A NEW PRACTICE FOR
 REMOVING EMPLOYEES FROM THE REPUBLIC OF KOREA AND APPLIED THE NEW
 PRACTICE IN REMOVING AN AIR FORCE EMPLOYEE WITHOUT NEGOTIATING WITH THE
 UNION CONCERNING THIS NEW POLICY.  THE AUTHORITY'S REGIONAL DIRECTOR
 DISMISSED THE FOREGOING CHARGE ON THE BASIS THAT THE REMOVAL ACTION
 CONCERNED AN EMPLOYEE WHO WAS NEITHER EMPLOYED BY THE EIGHTH U.S. ARMY
 NOR IN A UNIT REPRESENTED BY THE UNION, AND, FURTHER, THAT THE REMOVAL
 ACTION APPEARED TO BE AN ISOLATED INCIDENT RATHER THAN A NEW POLICY.
 
    THREE DAYS PRIOR TO THE ISSUANCE OF THE REGIONAL DIRECTOR'S
 DISMISSAL, THE UNION SUBMITTED AN OFFER OF SETTLEMENT TO THE ACTIVITY IN
 WHICH IT AGREED TO WITHDRAW THE UNFAIR LABOR PRACTICE CH