13:0390(64)NG - AFGE Council 214 and Air Force Logistics Command, Wright - Patterson AFB, OH -- 1983 FLRAdec NG
[ v13 p390 ]
13:0390(64)NG
The decision of the Authority follows:
13 FLRA No. 64
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, COUNCIL 214
(Union)
and
AIR FORCE LOGISTICS
COMMAND, WRIGHT-PATTERSON
AIR FORCE BASE, OHIO
(Activity)
Case No. O-NG-889
ORDER DISMISSING PETITION FOR REVIEW
This case is before the Authority pursuant to section 7105(a)(2)(E)
of the Federal Service Labor-Management Relations Statute and section
2424.1 of the Authority's Rules and Regulations on a petition for review
of negotiability issues filed by the Union.
From the submission of the parties in the record before the Authority
it appears that the Department of the Air Force (the Agency) issued a
letter dated August 12, 1982, concerning the procedures for withholding
within-grade increases for Federal Wage Systems Employees. During
impact and implementation bargaining on the provisions of the August 12,
1982, letter, the Activity declared certain of the Union's proposals to
be nonnegotiable. The Union then filed the instant petition for review
with the Authority.
In its statement of position filed September 9, 1983, the Agency
informed the Authority that the August 12, 1982, letter has been
cancelled, and argues the Union's appeal has been rendered moot.
Upon careful consideration of the submissions of the parties, it has
been determined that the cancellation of the letter which gave rise to
the negotiability issues presented in the Union's petition has served to
render the dispute between the parties moot.
Accordingly, without passing on the merits of the Union's proposals,
and apart from other considerations, the Union's petition for review is
hereby dismissed. For the Authority. Issued, Washington, D.C.,
November 9, 1983
James J. Shepard, Executive
Director