American Federation of Government Employees, Local 3038 and Veterans Administration (Authority decision, March 17, 1983)

Final FLRA decision. The Authority dismissed this negotiability appeal as moot without prejudice or a merits ruling. An aggrieved person may seek judicial review of a final Authority order in an appropriate United States court of appeals within 60 days after issuance under 5 U.S.C. § 7123(a).

Plain-English summary

A VA union appealed an agency claim that a flexible work schedule proposal conflicted with an agencywide policy. While the appeal was pending, Congress enacted a new law governing flexible and compressed schedules. The parties had not addressed how that law affected their dispute. The Authority dismissed the appeal as moot without deciding negotiability and allowed a new appeal after the parties considered the new law.

Decision snapshot

• Authority: Negotiability appeal and flexible schedule law under 5 U.S.C. §§ 7105(a)(2)(D) and 6131.
• Outcome: Petition dismissed as moot without prejudice; no merits ruling.
• Key point: A change in governing law required the parties to reassess the dispute first.

Full text (FLRA public release)

[ v11 p624 ]
11:0624(106)NG

The decision of the Authority follows:

11 FLRA NO. 106

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 3038

Union

and

VETERANS ADMINISTRATION

Agency

Case No. 0-NG-488

ORDER DISMISSING PETITION FOR REVIEW

The petition for review in this case comes before the Authority pursuant to section 7105(a)(2)(D) of the Federal Service Labor - Management Relations Statute (the Statute) and raises the issue of the negotiability of a Union proposal concerning flexible work schedule which was alleged by the Agency to be inconsistent with an Agency-wide policy statement on the subject. The agency asserted that a compelling need exists for its policy statement.

On July 23, 1982, during the pendency of this appeal, the Federal Employees Flexible and Compressed Work Schedule Act of 1982, Pub. L. No. 97-221, 96 Stat. 227, became effective. The Act added to title 5, U.S. Code, a new section 6131 which sets forth the criteria and review procedures governing the establishment of flexible or compressed work schedules would adversely affect Agency operations. The parties have not had an opportunity to address the effect of the new legislation upon the instant dispute. Rather, the record in this case is based principally upon analysis of the predecessor act, Federal Employees Flexible and Compressed Work Schedules Act of 1978, Pub. L. No. 95-390, 92 Stat. 755 (1978), as amended by Pub. L. No. 97-160, 96 Stat. 21 (1982) which differed in relevant respects from the new legislation.

Accordingly, IT IS ORDERED that the Union's petition for review be, and it hereby is, dismissed as moot, without passing on the merits of the appeal, and without prejudice to the filing of another appeal pursuant to the Authority's Rules and Regulations, on the same issue after the [ v11 p624] parties have considered the effect of Pub. L. No. 97-221 upon their dispute. 1 See American Federation of Government Employees, Council of Social Security District Office Locals and Department of Health and Human Services, Social Security Administration, 11 FLRA No. 8 (1983).

Issued, Washington, D.C., March 17, 1983

Ronald W. Haughton, Chairman

Henry B. Frazier III, Member

Leon B. Applewhaite, Member

FEDERAL LABOR RELATIONS AUTHORITY

[ v11 p625 ]

FOOTNOTES

Footnote 1 In light of the decision herein, it
is unnecessary to address the Agency's contentions relating to its obligation to bargain on the Union's proposals.