Professional Air Traffic Controllers Organization, Local 435 and Federal Aviation Administration, San Antonio International Air Traffic Control Tower (Authority decision, January 14, 1983)

Final FLRA decision. The Authority dismissed a complaint as moot. 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).

Plain-English summary

A complaint against PATCO Local 435 at the San Antonio air traffic control tower came to the Authority on transfer from a regional director. The General Counsel sought dismissal after the Authority separately revoked PATCO’s recognition for prohibited strike activity. The Authority concluded that PATCO was no longer a statutory labor organization and any decision in this case would lack practical effect. It dismissed the complaint as moot without deciding its allegations.

Decision snapshot

• Authority: Complaint dismissal under 5 U.S.C. § 7105(a)(2)(G).
• Outcome: Complaint dismissed as moot.
• Key point: PATCO’s revoked status made further adjudication ineffective.

Full text (FLRA public release)

[ v11 p34 ]

11:0034(17)CO

The decision of the Authority follows:

11 FLRA No. 17

PROFESSIONAL AIR TRAFFIC CONTROLLERS
ORGANIZATION, AFL-CIO, LOCAL 435
Respondent

and

DEPARTMENT OF TRANSPORTATION,
FEDERAL AVIATION ADMINISTRATION,
SAN ANTONIO INTERNATIONAL
AIR TRAFFIC CONTROL TOWER
Charging Party

Case No. 6-CO-18

ORDER GRANTING MOTION TO DISMISS COMPLAINT

The above-entitled case is before the Federal Labor Relations Authority pursuant to section 7105(a)(2)(G) of the Federal Service Labor-Management Relations Statute (the Statute) after being transferred by the Regional Director's "Order Transferring Case to the Federal Labor Relations Authority" in accordance with section 2429.1(a) of the Authority's Rules and Regulations. Thereafter, the General Counsel filed a motion to dismiss the complaint in view of the Authority's decision in Professional Air Traffic Controllers Organization, Affiliated with MEBA, AFL-CIO, 7 FLRA No. 10 (1981), affirmed sub nom., Professional Air Traffic Controllers Organization v. Federal Labor Relations Authority, 685 F.2d 547 (D.C. Cir. 1982).

In that decision, the Authority revoked the exclusive recognition status of the Respondent herein, PATCO, for having engaged in strike activity prohibited by section 7116(b)(7) of the Statute, and found that PATCO is no longer a labor organization within the meaning of the Statute.

Upon careful consideration of the motion to dismiss filed by the General Counsel, it has been determined that this unfair labor practice case has been rendered moot. Thus, due to Respondent's loss of status as an exclusive representative and as a labor organization under the Statute, any decision rendered herein cannot have any practical legal effect.

Accordingly, IT IS HEREBY ORDERED that the complaint in the above-entitled case be, and it hereby is, dismissed.

Issued, Washington, D.C., January 14, 1983

Ronald W. Haughton, Chairman
Henry B. Frazier III, Member
Leon B. Applewhaite, Member
FEDERAL LABOR RELATIONS AUTHORITY