31:0815(56)CA - Navy and Navy, Portsmouth Naval Shipyard (Portsmouth, NH) and Richard Pearl and Victor Porro and Portsmouth FEMTC -- 1988 FLRAdec CA
[ v31 p815 ]
The decision of the Authority follows:
31 FLRA No. 56 DEPARTMENT OF THE NAVY AND DEPARTMENT OF THE NAVY PORTSMOUTH NAVAL SHIPYARD (PORTSMOUTH, NEW HAMPSHIRE) Respondent and RICHARD PEARL and VICTOR PORRO and PORTSMOUTH FEDERAL EMPLOYEES METAL TRADES COUNCIL, AFL-CIO Charging Party Case Nos. 1-CA-30303 1-CA-30305 1-CA-30306 (21 FLRA 195) (28 FLRA 209)
This matter is before the Authority by direction of the United States Court of Appeals for the First Circuit, Department of the Navy v. FLRA, No. 86-1506 (December 30, 1987). The court concluded that the Authority's decision on remand in this matter, 28 FLRA 209 (1987) was inconsistent with the court's mandate in Department of the Navy v. FLRA, 815 F.2d 797 (1st Cir. 1987) and issued a writ of mandamus. The court ordered that the Authority dismiss the unfair labor practice complaint. [PAGE]
Consistent with the court's opinion, the Authority shall dismiss the complaint. 1
The complaint in Case Nos. 1-CA-30303, 1-CA-30305 and 1-CA-30306 is dismissed.
Issued, Washington, D.C., March 15, 1988.Jerry L. Calhoun, Chairman Jean McKee, Member FEDERAL LABOR RELATIONS AUTHORITY
Footnote 1 The court stated that individual employees with claims for environmental differential pay "shall be entitled to file the same pursuant to Article 20, 3 of the collective bargaining agreement." Slip op. at 9. The court further stated, "it should be made clear that no employee waiver under 5 U.S.C. 7116(d) is involved in this case. The employee claims that may be made under Article 20, 3 are individual claims based on the declaratory ruling brought by the union, and are thus, technically, different proceedings from those in this case." Id., n.3.