23:0679(90)NG - AFGE, Council of Locals No. 214 and Air Force, Air Force Logistics Council, Wright-Patterson AFB, OH -- 1986 FLRAdec NG
[ v23 p679 ]
23:0679(90)NG
The decision of the Authority follows:
23 FLRA No. 90
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, COUNCIL OF
LOCALS NO. 214
Union
and
DEPARTMENT OF THE AIR FORCE
AIR FORCE LOGISTICS COMMAND
WRIGHT-PATTERSON AIR FORCE BASE
OHIO
Agency
Case No. 0-NG-1002
19 FLRA No. 23
ORDER DISMISSING PETITION FOR REVIEW
This case is before the Authority pursuant to a remand from the
United States Court of Appeals for the District of Columbia Circuit.
AFGE, AFL-CIO, Council of Locals No. 214 v. FLRA, No. 85-1500 (D.C. Cir.
August 26, 1986), reversing and remanding the Authority's decision in
American Federation of Government Employees, AFL-CIO, National Council
Locals No. 214 and Department of the Air Force, Air Force Logistics
Command, Wright-Patterson Air Force Base, Ohio, 19 FLRA No. 23 (July 22,
1985).
On October 15, 1986, the Agency noting that the Air Force Logistics
Command and AFGE Council No. 214 have signed a Memorandum of Agreement
finalizing their renegotiated Master Labor Agreement, filed a request
with the Authority asking to withdraw its allegation of
nonnegotiability.
Inasmuch as the Agency has withdrawn its allegation of
nonnegotiability 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. See e.g. International Association
of Machinists and Aerospace Workers, Lodge 2424 and Department of the
Army, Aberdeen Proving Ground, Maryland, 23 FLRA No. 42 (1986); and
American Federation of Government Employees, AFL-CIO, Local 1900 and
Department of the Army, Headquarters, Fort Devens, Massachusetts, 21
FLRA No. 116 (1986). Moreover, the Authority has been advised
telephonically by AFGE that no issue in the case remains outstanding as
the parties have signed a Memorandum of Agreement which: (1)
incorporates into their renegotiated Master Labor Agreement the proposal
which had been at issue in AFGE's petition for review; (2) and resolves
all other related issues.
Accordingly, and apart from other considerations, the petition for
review in this case is hereby dismissed.
For the Authority.
Issued, Washington, D.C., October 24, 1986
/s/ Harold D. Kessler
Director of Case Management