AFGE Local 3804 and FDIC Chicago Region (Authority decision, June 26, 1985)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority on 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 3804 sought review of a negotiability dispute with the FDIC Chicago Region. A different representative was later certified for the bargaining unit. Because the local no longer had a bargaining relationship with the agency, the Authority dismissed the petition without deciding its merits.

Decision snapshot

• Authority: Negotiability review under 5 U.S.C. § 7105(a)(2)(E).
• Outcome: Petition dismissed as moot.
• Key point: Loss of exclusive representative status ended the live bargaining dispute.

Full text (FLRA public release)

[ v18 p764 ]

18:0764(90)NG

The decision of the Authority follows:

18 FLRA No. 90

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
AFL-CIO, LOCAL 3804
Union

and

FEDERAL DEPOSIT INSURANCE
CORPORATION, CHICAGO REGION
Agency

Case No. 0-NG-685

ORDER DISMISSING PETITION FOR REVIEW

This matter is before the Authority at this time pursuant to section 7105(a)(2)(E) and (E) of the Federal Service Labor-Management Relations Statute and part 2424 of the Authority's Rules and Regulations on a petition for review of a negotiability issue filed by the Union. For the reasons stated below, it has been determined that the Union's petition for review must be dismissed.

The petitioner in this case is no longer the exclusive representative of the employees of the Agency. In this regard, on May 31, 1985, another union was certified as exclusive representative for the employees in the bargaining unit for which the Union which was party to the petition herein had previously held exclusive recognition. /1/ Inasmuch as there is no longer any bargaining relationship between the Agency and the Union, and, consequently, no obligation on the part of the Agency to bargain with the Union which filed the petition in this case, issues as to the scope of bargaining are not appropriate for resolution by the Authority. /2/

For the foregoing reason, it is concluded that the negotiability issues raised in the instant appeal have been rendered moot by the issuance of the certification of exclusive representative in Case No. 5-RO-50005.

Accordingly, without passing on the merits of the dispute, IT IS ORDERED that the Union's petition for review be, and it hereby is, dismissed. For the Authority.

Issued, Washington, D.C., June 26, 1985

Harold D. Kessler
Managing Director for Case Processing

--------------- FOOTNOTES$ ---------------

/1/ An election had been conducted pursuant to a representation petition filed in Case No. 5-RO-50005.

/2/ See Overseas Education Association and Department of Defense, Office of Dependents Schools, Alexandria, Virginia, 7 FLRA 84 (1981).