AFGE Local 3823 and FDIC Boston 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 3823 sought negotiability review against the FDIC Boston Region. Another representative was later certified for the employees in the bargaining unit. The Authority found no remaining bargaining relationship with the petitioning local and dismissed the petition without reaching the merits.

Decision snapshot

• Authority: Negotiability review under 5 U.S.C. § 7105(a)(2)(E).
• Outcome: Petition dismissed as moot.
• Key point: A new certification removed the dispute between these parties.

Full text (FLRA public release)

[ v18 p762 ]

18:0762(89)NG

The decision of the Authority follows:

18 FLRA No. 89

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
AFL-CIO, LOCAL 3823
Union
and

FEDERAL DEPOSIT INSURANCE
CORPORATION, BOSTON REGION
Agency

Case No. 0-NG-790

ORDER DISMISSING PETITION FOR REVIEW

This matter is before the Authority at this time pursuant to section 7105(a)(2)(D) 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 28, 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. 1-RO-50004.

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. 1-RO-50004.

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