Professional Air Traffic Controllers Organization, Local 710 and Richard Morris (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 involving PATCO Local 710 and Richard Morris reached the Authority after a regional director transferred the case. The General Counsel moved to dismiss it following the Authority’s separate revocation of PATCO’s recognition for prohibited strike activity. Because PATCO was no longer a labor organization under the statute, the Authority found that a ruling in this case could have no practical legal 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 loss of statutory labor-organization status removed any practical effect of adjudicating this complaint.

Full text (FLRA public release)

[ v11 p53 ]

11:0053(19)CO

The decision of the Authority follows:

11 FLRA No. 19

PROFESSIONAL AIR TRAFFIC CONTROLLERS
ORGANIZATION, AFL-CIO, LOCAL 710
Respondent

and

RICHARD MORRIS
Charging Party

Case No. 8-CO-30

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