Community Services Administration and National Council of CSA Locals, American Federation of Government Employees (Authority decision, January 29, 1982)

Final FLRA decision. The Authority dismissed the agency's exception to an arbitral award as moot after the agency closed. Judicial review under 5 U.S.C. § 7123(a) generally does not extend to an Authority order involving an arbitral award under § 7122 unless it involves an unfair labor practice under § 7116. This decision does not state that it involves an unfair labor practice.

Plain-English summary

An arbitrator ordered the Community Services Administration to reserve a percentage of positions for career mobility opportunities, and the agency filed an exception. The agency then closed under a federal budget law and asked the Authority to dismiss the appeal as moot. The Authority agreed that the closure ended the dispute over positions within that agency, so a ruling on the award would be advisory. It dismissed the exception without deciding whether HHS succeeded to any of the former agency's obligations, leaving that question for another proceeding.

Decision snapshot

• Authority: Arbitration exceptions under 5 U.S.C. § 7122(a).
• Outcome: Agency exception dismissed as moot.
• Key point: The agency's closure made an award requiring positions within that agency moot.

Full text (FLRA public release)

[ v07 p783 ]

07:0783(130)AR

The decision of the Authority follows:

7 FLRA No. 130

COMMUNITY SERVICES ADMINISTRATION
(Agency)

and

NATIONAL COUNCIL OF CSA LOCALS,
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO
(Union)

Case No. O-AR-181

ORDER GRANTING MOTION TO DISMISS APPEAL AS MOOT

THE ABOVE-ENTITLED CASE IS BEFORE THE FEDERAL LABOR RELATIONS
AUTHORITY ON EXCEPTIONS TO THE AWARD OF ARBITRATOR SEYMOUR STRONGIN
FILED BY THE AGENCY PURSUANT TO SECTION 7122(A) OF THE FEDERAL SERVICE
LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C. 7101 ET SEQ.) AND SECTION
2425.1 OF THE AUTHORITY'S RULES AND REGULATIONS (5 C.F.R. 2425.1(1981)).

ON SEPTEMBER 18, 1981, THE COMMUNITY SERVICES ADMINISTRATION (CSA OR
THE AGENCY) FILED A MOTION TO DISMISS THE SUBJECT APPEAL AS MOOT. IN
SUPPORT OF ITS MOTION, CSA CONTENDS, IN PERTINENT PART, THAT BECAUSE OF
THE CLOSING OF THE AGENCY ON OCTOBER 1, 1981, PURSUANT TO THE OMNIBUS
BUDGET RECONCILIATION ACT OF 1981 (PUB. L. 97-37, 95 STAT. 357) (BUDGET
ACT), THE APPEAL IS MOOT. THE UNION FILED AN OPPOSITION TO THE AGENCY'S
MOTION CONTENDING THAT IT WOULD BE PREMATURE FOR THE AUTHORITY TO
DISMISS THE APPEAL AT THIS TIME. THE UNION ARGUES IN THE REGARD THAT
QUESTIONS EXIST AS TO WHETHER ANOTHER AGENCY, THE DEPARTMENT OF HEALTH
AND HUMAN SERVICES (HHS) IS A SUCCESSOR AGENCY TO CSA AND WHAT
OBLIGATIONS, IF ANY, HHS HAS TO THE UNION, THE RESOLUTION OF WHICH
QUESTIONS DEPENDS ON THE OUTCOME OF A CASE BEFORE THE UNITED STATES
DISTRICT COURT FOR THE DISTRICT OF COLUMBIA.

UPON CAREFUL CONSIDERATION OF THE AGENCY'S MOTION AND THE UNION'S
OPPOSITION THERETO, IT HAS BEEN DETERMINED THAT THE TERMINATION OF CSA
AS AN AGENCY BY OPERATION OF THE BUDGET ACT HAS SERVED TO RENDER MOOT
THE DISPUTE BETWEEN THE UNION AND CSA UPON WHICH THE ARBITRATION AWARD
WAS BASED. /1/ IN THAT REGARD, THE SUBJECT ARBITRATION AWARD ORDERED
CSA TO SET ASIDE A CERTAIN PERCENTAGE OF ITS POSITIONS FOR CAREER
MOBILITY OPPORTUNITIES WITHIN THE AGENCY. FURTHER, TO DECIDE THE ISSUES
PRESENTED IN THE CASE IN THESE CIRCUMSTANCES WOULD BE TANTAMOUNT TO
ISSUING AN ADVISORY OPINION, WHICH IS PRECLUDED BY SECTION 2429.10 OF
THE AUTHORITY'S RULES AND REGULATIONS.

ACCORDINGLY, AND APART FROM OTHER CONSIDERATIONS, IT IS HEREBY
ORDERED THAT THE AGENCY'S EXCEPTION IN THE ABOVE-ENTITLED CASE BE, AND
IT HEREBY IS, DISMISSED.

FOR THE AUTHORITY.

ISSUED, WASHINGTON, D.C., JANUARY 29, 1982

JAMES J. SHEPARD, EXECUTIVE DIRECTOR

--------------- FOOTNOTES: ---------------

/1/ ANY ISSUE AS TO WHETHER THE DEPARTMENT OF HEALTH AND HUMAN
SERVICES IS A SUCCESSOR TO CSA IS AN ISSUE TO BE RESOLVED IN AN
APPROPRIATE PROCEEDING SUCH AS THE AUTHORITY'S UNFAIR LABOR PRACTICE OR
REPRESENTATION CASE PROCEEDINGS AND NOT IN THE CONTEXT OF EXCEPTIONS TO
AN ARBITRATION AWARD.