American Federation of Government Employees, Local 2250 and Veterans Administration Medical Center, Muskogee, Oklahoma (Authority decision, January 31, 1985)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority dismissing a negotiability petition. An aggrieved person may seek judicial review by filing a petition in an appropriate United States court of appeals within 60 days after issuance under 5 U.S.C. § 7123(a). Filing a petition does not stay the Authority's order unless the court orders a stay under 5 U.S.C. § 7123(c).

Plain-English summary

AFGE Local 2250 submitted ten proposals about a planned detail assigning a Muskogee VA Medical Center employee to drive a shuttle bus. It sought Authority review after management did not provide a timely written allegation that some proposals were nonnegotiable. The employee was detailed and then resigned. Because the dispute concerned only his prospective assignment, the Authority found that it had become moot and dismissed the petition without deciding the proposals' negotiability.

Decision snapshot

• Authority: Negotiability review under 5 U.S.C. § 7105(a)(2)(E).
• Outcome: Petition dismissed as moot; no ruling on the proposals.
• Key point: A proposal dispute limited to one employee's prospective assignment became moot after that employee left the agency.

Full text (FLRA public release)

[ v17 p7 ]

17:0007(4)NG

The decision of the Authority follows:

17 FLRA No. 4

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2250
Union

and

VETERANS ADMINISTRATION MEDICAL
CENTER, MUSKOGEE, OKLAHOMA
Activity

Case No. 0-NG-1042

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 on a petition filed by the Union for review of a negotiability dispute with the Activity. For the reasons stated below, the Union's petition for review must be dismissed.

The record before the Authority in this case indicates that the negotiability dispute between the parties is involved solely with the prospective assignment of one Lester Rouse, an employee of the Activity. Mr. Rouse's assignment was a detail not to exceed 60 days to drive the Activity's shuttle bus route. Prior to the effective date of the change in Rouse's assignment, the Union submitted to management 10 proposals for negotiation concerning the assignment. Management submitted counterproposals on the three proposals they considered to be negotiable. The Union filed the instant petition for review with the Authority in accordance with section 2424.3 of the Authority's Rules and Regulations after the Activity did not serve a written allegation of nonnegotiability upon the Union within 10 days after receipt of the Union's written request for such allegation.

In its statement of position, the Agency informed the Authority that Rouse's assignment was effected on August 6, 1984, and that he resigned from employment with the Veterans Administration effective August 16, 1984. Among other matters, the Agency argues that these facts have rendered this case moot.

Upon careful consideration of the submissions of the parties, it has been determined that since the negotiability dispute between the parties solely involved the prospective reassignment of employee Rouse, who was reassigned and who is no longer an employee, the instant negotiability dispute has been rendered moot. Further, to decide the issues presented in the instant case under the circumstances described would be tantamount to issuing an advisory opinion, which is precluded by section 2429.10 of the Authority's Rules and Regulations.

Accordingly, and apart from other considerations, the Union's petition for review is hereby dismissed. For the Authority. Issued, Washington, D.C., January 31, 1985 Harold D. Kessler, Managing Director for Case Processing