Michigan State Council, Association of Civilian Technicians, Inc. (Union) and Air Technician Detachment 127th Tactical Fighter Wing, Michigan Air National Guard (Activity) 

 



[ v07 p272 ]
07:0272(40)NG
The decision of the Authority follows:


 7 FLRA No. 40
 
 MICHIGAN STATE
 COUNCIL, ASSOCIATION
 OF CIVILIAN TECHNICIANS, INC.
 (Union)
 
 and
 
 AIR TECHNICIAN DETACHMENT
 127TH TACTICAL FIGHTER WING,
 MICHIGAN AIR NATIONAL GUARD
 (Activity)
 
                                            Case No. O-NG-572
 
                   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.) ON A
 PETITION FOR REVIEW OF A NEGOTIABILITY ISSUE FILED BY THE UNION.
 
    THE RECORD IN THIS CASE INDICATES THAT THE ACTIVITY IMPLEMENTED A NEW
 PROCEDURE GOVERNING THE REGISTRATION AND OPERATION OF MOTOR VEHICLES ON
 SELFRIDGE AIR BASE.  SUBSEQUENTLY, THE UNION REQUESTED NEGOTIATIONS ON
 THE IMPACT AND IMPLEMENTATION OF THE NEW PROCEDURE AND, IN CONJUNCTION
 WITH THAT REQUEST, SUBMITTED A PROPOSAL TO THE ACTIVITY "THAT ALL
 TECHNICIANS BE ISSUED CIVILIAN ENTRY STICKERS." IN ITS RESPONSE TO THE
 UNION, THE ACTIVITY ALLEGED THAT THE UNION'S PROPOSAL 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
 THEN FILED THE INSTANT APPEAL WITH THE AUTHORITY SEEKING A
 DETERMINATION, PURSUANT TO SECTION 7117(A)(2) OF THE STATUTE AND SECTION
 2424.1(A)(3) OF THE AUTHORITY'S RULES OF PROCEDURE (5 CFR SEC.
 2424.1(A)(3)(1981)), AS TO WHETHER A COMPELLING NEED EXISTS FOR THE
 AGENCY REGULATION IN QUESTION.  IN ITS STATEMENT FILED PURSUANT TO
 SECTION 2424.6 OF THE RULES, 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    SINCE THE AGENCY HAS WITHDRAWN THE ALLEGATION CONCERNING THE UNION'S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.
 
    ACCORDING, 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., NOVEMBER 25, 1981
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR