National Federation of Federal Employees, Local 1998 and U.S. Department of State, Bureau of Consular Affairs, Passport Services (Authority decision, December 8, 1993)

Final FLRA decision. The Authority dismisses the agency's exceptions to an arbitration award as moot after the union withdraws the underlying grievance. Under 5 U.S.C. § 7123(a)(1), an order involving an arbitral award is generally excluded from judicial review unless it involves an unfair labor practice under 5 U.S.C. § 7116. This decision does not resolve an unfair labor practice.

Plain-English summary

The State Department challenged an arbitration award involving its Passport Services office. The union then withdrew the grievance that had produced the award and asked the Authority to dismiss the case. The agency argued that dismissal would leave the union free to file new grievances on the same issue. The Authority held that the withdrawal made the award moot, so ruling on the exceptions would be an advisory opinion. It dismissed the agency's exceptions without deciding the underlying dispute.

Decision snapshot

• Authority: Bar on advisory opinions under 5 C.F.R. § 2429.10.
• Outcome: Agency exceptions dismissed as moot.
• Key point: Withdrawal of the grievance made review of the resulting arbitration award unnecessary.

Full text (FLRA public release)

[ v48 p1074 ]
48:1074(117)AR

The decision of the Authority follows:

48 FLRA No. 117

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

NATIONAL FEDERATION OF FEDERAL EMPLOYEES

LOCAL 1998

(Union)

and

U.S. DEPARTMENT OF STATE

BUREAU OF CONSULAR AFFAIRS

PASSPORT SERVICES

(Agency)

0-AR-2498

ORDER DISMISSING EXCEPTIONS

December 8, 1993

The Agency has filed exceptions to the award of Arbitrator Sylvester Garrett in the above-captioned case. In response to the Agency's exceptions, the Union filed a Notice of Withdrawal of Grievance, and Motion to Dismiss Case as Moot.(1) On October 19, 1993, the Authority issued an Order directing the Agency to show cause why its exceptions to the award should not be dismissed as moot.

On November 17, 1993, the Agency filed its response to the Authority's Order.(2) The Agency argues that if this case is dismissed as moot, there is nothing to preclude the Union from filing new grievances relating to the same issue.

There is no dispute that the Union has withdrawn the underlying grievance which is the basis for the Arbitrator's award in the above-captioned case. Consequently, the Arbitrator's award has been rendered moot. Under these circumstances, a decision by the Authority on the Arbitrator's award would be an advisory opinion. Section 2429.10 of the Authority's Rules and Regulations provides that the Authority will not issue advisory opinions. See Office of Hearings and Appeals, Social Security Administration and American Federation of Government Employees, AFL-CIO, Local 3615, 17 FLRA 9,10 (1985).

Accordingly, the Agency's exceptions are dismissed as moot.

For the Authority.

________
Alicia N. Columna
Director,
Case Control Office

FOOTNOTES:
(If blank, the decision does not
have footnotes.)

1. On November 4, l993, the Union provided the Authority
   with a copy of a letter to the Agency withdrawing its grievance.

2. The Agency has filed a request for waiver of the time
   limit for filing its response to the Authority's Order to Show Cause. As the Authority's Order to Show Cause was incorrectly addressed, the Agency's request for a waiver of time is granted.