American Federation of Government Employees, Local 695 and U.S. Mint, Denver, Colorado (Authority decision, May 10, 1979)

Final FLRA decision. This order dismisses the current negotiability appeal as moot without deciding the proposals' merits. The union may submit a new dispute under the governing statute and rules. An aggrieved person may seek judicial review of a final Authority order in an appropriate United States court of appeals within 60 days under 5 U.S.C. § 7123(a).

Plain-English summary

AFGE Local 695 appealed a U.S. Mint decision that its proposals were nonnegotiable under Executive Order 11491. By the time of the appeal, the new federal labor relations statute had taken effect and governed negotiability disputes. Neither side's submission addressed how that statute applied to the proposals. The Authority dismissed the Executive Order appeal as moot without reaching the merits, leaving the union free to submit the dispute under the new statute and regulations.

Decision snapshot

• Authority: Federal Service Labor-Management Relations Statute; superseded Executive Order 11491.
• Outcome: Appeal dismissed as moot, without prejudice to a new filing under the statute.
• Key point: The Authority would not decide a negotiability dispute framed under an order that no longer governed it.

Full text (FLRA public release)

[ v01 p328 ]

01:0328(39)NG

The decision of the Authority follows:

1 FLRA No. 39
MAY 10, 1979

MR. RONALD D. KING, DIRECTOR
CONTRACT AND APPEALS DIVISION
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO
1325 MASSACHUSETTS AVENUE, N.W.
WASHINGTON, D.C. 20005

RE: AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 695 AND
DEPARTMENT OF THE TREASURY, U.S.
MINT, DENVER, COLORADO, Case No.
0-NG-26

DEAR MR. KING:

THIS REFERS TO YOUR PETITION FOR REVIEW OF THE AGENCY HEAD'S
DETERMINATION OF NONNEGOTIABILITY IN THE ABOVE-ENTITLED CASE, FILED WITH
THE AUTHORITY ON MARCH 28, 1979.

THE DISPUTE, AS PRESENTED IN YOUR APPEAL, CONCERNS THE NEGOTIABILITY
OF THE UNION'S PROPOSALS UNDER THE PROVISIONS OF EXECUTIVE ORDER 11491,
AS AMENDED. EXECUTIVE ORDER 11491 IS, HOWEVER, NO LONGER IN EFFECT,
HAVING BEEN SUPERSEDED BY THE NEW FEDERAL SERVICE LABOR-MANAGEMENT
RELATIONS STATUTE (92 STAT. 1191), WHICH BECAME EFFECTIVE JANUARY 11,
1979, AND WHICH GOVERNS THE RESOLUTION OF NEGOTIABILITY DISPUTES SUCH AS
ARE INVOLVED IN YOUR APPEAL. IN THIS REGARD, NEITHER YOUR PETITION FOR
REVIEW NOR THE AGENCY HEAD'S DETERMINATION OF NONNEGOTIABILITY ADDRESSES
THE APPLICABILITY OF THE STATUTE TO THE DISPUTED PROPOSALS.

ACCORDINGLY, YOUR PETITION FOR REVIEW OF A NEGOTIABILITY DISPUTE
UNDER EXECUTIVE ORDER 11491 IS DISMISSED AS MOOT WITHOUT PASSING UPON
THE MERITS OF YOUR APPEAL AND WITHOUT PREJUDICE TO YOUR SUBMISSION OF
THE DISPUTE TO THE AUTHORITY IN CONFORMANCE WITH THE PROVISIONS OF THE
STATUTE AND THE REGULATIONS OF THE AUTHORITY ISSUED THEREUNDER.

BY THE AUTHORITY.

SINCERELY,

HAROLD D. KESSLER

DEPUTY EXECUTIVE DIRECTOR

CC: S. HACKEL

TREASURY