American Federation of Government Employees, Local 3407, AFL-CIO (Union) and Defense Mapping Agency, Hydrographic/Topographic Center, Washington, DC (Activity) 

 



[ v07 p301 ]
07:0301(46)NG
The decision of the Authority follows:


 7 FLRA No. 46
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES,
 AFL-CIO, LOCAL 3407
 Union
 
 and
 
 DEFENSE MAPPING AGENCY
 HYDROGRAPHIC/TOPOGRAPHIC
 CENTER, WASHINGTON, D.C.
 Activity
 
                                            Case No. O-NG-247
 
                   ORDER DISMISSING NEGOTIABILITY APPEAL
 
    THE PETITION FOR REVIEW IN THIS CASE COMES BEFORE THE FEDERAL LABOR
 RELATIONS AUTHORITY (THE AUTHORITY) PURSUANT TO SECTION 7105(A)(2)(E) OF
 THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE) (5
 U.S.C. 7101-7135).
 
    PURSUANT TO OFFICE OF MANAGEMENT AND BUDGET (OMB) CIRCULAR A-118 AND
 A DEPARTMENT OF DEFENSE (DOD) DIRECTIVE IMPLEMENTING THE OMB CIRCULAR,
 DATED OCTOBER 11, 1979, THE DEFENSE MAPPING AGENCY (DMA) ESTABLISHED A
 PAID PARKING PROGRAM FOR EMPLOYEES AT THE DEFENSE MAPPING AGENCY
 HYDROGRAPHIC/TOPOGRAPHIC CENTER (DMAHTC).  THE UNION REQUESTED LOCAL
 NEGOTIATIONS CONCERNING THE IMPACT AND IMPLEMENTATION OF THAT PROGRAM
 AND SUBMITTED SEVERAL PROPOSALS TO DMAHTC.  IN PARTICULAR, THE UNION
 SUBMITTED THREE PROPOSALS CONCERNING EXEMPTIONS FROM PARKING FEES FOR
 CERTAIN TYPES OF EMPLOYEES AND VEHICLES AND ONE PROPOSAL CONCERNING
 DMAHTC'S LIABILITIES IN CONNECTION WITH THE PAID PARKING PROGRAM.  THE
 DMAHTC RESPONDED THAT THE UNION'S PROPOSALS WERE OUTSIDE THE DUTY TO
 BARGAIN.  THE UNION THEN FILED THE INSTANT NEGOTIABILITY APPEAL WITH THE
 AUTHORITY.  SUBSEQUENTLY, DMAHTC IN ITS STATEMENT TO THE AUTHORITY
 WITHDREW ITS ALLEGATION OF NONNEGOTIABILITY WITH RESPECT TO ONE OF THE
 PROPOSALS BUT CONTINUED TO ALLEGE THAT THE OTHER THREE PROPOSALS
 INCLUDED IN THE UNION'S APPEAL WERE OUTSIDE THE DUTY TO BARGAIN.
 
    WHILE THIS APPEAL WAS PENDING BEFORE THE AUTHORITY, DMA INFORMED THE
 AUTHORITY THAT PAID PARKING AT DMAHTC WOULD BE DISCONTINUED EFFECTIVE
 AUGUST 1, 1980.  FURTHER, DMA REQUESTED THAT THE AUTHORITY DISMISS THE
 UNION'S NEGOTIABILITY APPEAL SINCE THE MATTERS PREVIOUSLY IN DISPUTE
 RELATE TO THE DISCONTINUED PAID PARKING PROGRAM AND, THEREFORE, THE
 UNION'S APPEAL HAD BECOME MOOT.  THE UNION TOOK THE POSITION THAT THE
 APPEAL IS NOT MOOT, CONTENDING THAT, NOTWITHSTANDING THE FACT DMA
 RESCINDED THE PAID PARKING PROGRAM AT DMAHTC, THE OBLIGATION TO BARGAIN
 WITH THE UNION STILL EXISTS WITH RESPECT TO THIS MATTER.  THE UNION
 REQUESTED PERMISSION TO FILE AN ADDITIONAL SUBMISSION TO THIS EFFECT,
 WHICH WAS GRANTED BY THE AUTHORITY.  HOWEVER, THE UNION DID NOT FILE
 WITH THE AUTHORITY ANY RESPONSE IN SUPPORT OF ITS CONTENTION WITHIN THE
 TIME LIMIT ALLOWED FOR SUCH A SUBMISSION.
 
    BASED ON THE RECORD, THE FACTS IN THE PRESENT CASE ARE NOT MATERIALLY
 DISTINGUISHABLE FROM THOSE IN AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 2, AND DEPARTMENT OF THE ARMY, HARRY DIAMOND
 LABORATORIES, ADELPHI, MARYLAND, 5 FLRA NO. 13(1981).  IN THAT CASE, THE
 AUTHORITY FOUND THAT THE NEGOTIABILITY ISSUES RAISED BY THE UNION'S
 PROPOSALS, WHICH CONCERNED THE PAID PARKING PROGRAM, WERE RENDERED MOOT
 BY THE DISCONTINUANCE OF THE PROGRAM.  THEREFORE, FOR THE REASONS SET
 FORTH IN HARRY DIAMOND LABORATORIES, AND APART FROM OTHER
 CONSIDERATIONS, IT IS CONCLUDED THAT THE NEGOTIABILITY ISSUES RAISED
 WITH RESPECT TO THE DISPUTED PROPOSALS INVOLVED IN THE INSTANT APPEAL
 WERE RENDERED MOOT BY THE DISCONTINUANCE OF THE PAID PARKING PROGRAM AT
 DMAHTC. /1/
 
    FURTHERMORE, ISSUES AS TO WHETHER, IN THE CIRCUMSTANCES OF THIS CASE,
 THE ACTIVITY WOULD HAVE AN OBLIGATION TO BARGAIN ON OTHER MATTERS
 CONCERNING THE GENERAL SUBJECT OF PARKING, APART FROM THE PARTICULAR
 PAID PARKING PROGRAM WHICH IS THE SUBJECT OF THE PROPOSALS DISPUTED IN
 THE INSTANT APPEAL, MAY PROPERLY BE RAISED IN THE UNFAIR LABOR PRACTICE
 PROCEDURES UNDER SECTION 7118 OF THE STATUTE.  SEE AMERICAN FEDERATION
 OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2782 AND DEPARTMENT OF COMMERCE,
 BUREAU OF THE CENSUS, WASHINGTON, D.C., 4 FLRA NO. 93(1980).
 
    ACCORDINGLY, WITHOUT PASSING ON THE MERITS OF THE DISPUTE, IT IS
 ORDERED THAT THE UNION'S APPEAL BE DIS