47:1311(121)NG - - AFGE Local 2017 and Army HQ, Army Signal Center and Fort Gordon, Fort Gordon, GA - - 1993 FLRAdec NG - - v47 p1311



[ v47 p1311 ]
47:1311(121)NG
The decision of the Authority follows:


47 FLRA No. 121

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 2017

(Union)

and

U.S. DEPARTMENT OF THE ARMY

HEADQUARTERS, U.S. ARMY SIGNAL CENTER

AND FORT GORDON

FORT GORDON, GEORGIA

(Agency)

0-NG-2129

_____

ORDER DISMISSING PETITION FOR REVIEW

July 22, 1993

_____

The Union has filed a petition for review of a negotiability issue in this case. For the reasons set forth below, the Union's petition for review will be dismissed.

The dispute stems from negotiations over the Agency's decision to require certain employees to wear uniforms and, in certain circumstances, to require the employees to deliver and pick up uniforms at a central location during duty hours. The parties failed to reach agreement, and the Union sought the assistance of the Federal Service Impasses Panel (the Panel). While the matter was before the Panel, the Agency implemented its final offer.(1) The Union then filed an unfair labor practice charge with the Regional Director (RD), asserting that the Agency's action violated section 7116(a)(1) and (5) of the Federal Service Labor-Management Relations Statute.(2) The RD declined to issue a complaint, finding that the Agency "was not obligated to bargain at all and that its implementation did not violate the Statute." Attachment to Statement of Position at 3. The Union did not appeal the RD's determination to the General Counsel.

Thereafter, the Union filed the petition for review in this case, seeking a negotiability determination on the following proposal:

Employees may elect to have management clean their uniforms. If the employee elects to have management clean their uniforms, the employer will deliver the clean uniforms and pick up the soiled uniforms to an area within the hospital, convenient to the employee. (The l