National Council of Community Services Administration Locals, AFGE and Community Services Administration (Authority decision, April 22, 1982)

Final FLRA decision. Acting on a court remand, the Authority vacated its earlier decisions and dismissed both negotiability appeals as moot. This order ends those appeals without a new negotiability ruling. Judicial review of a final Authority order is governed by 5 U.S.C. § 7123(a).

Plain-English summary

The National Council of Community Services Administration Locals had brought two negotiability appeals against the Community Services Administration. The United States Court of Appeals for the District of Columbia Circuit directed the Authority to vacate its earlier decisions and dismiss the cases as moot. The Authority followed that direction. It vacated the earlier decisions and dismissed both union petitions. This order makes no new ruling on whether a proposal was negotiable and imposes no penalty.

Decision snapshot

• Authority: Court remand directing dismissal; 5 U.S.C. § 7123(a) governs review of final Authority orders.
• Outcome: Earlier decisions vacated and both negotiability appeals dismissed as moot.
• Key point: The Authority disposed of the appeals under the court's mootness order without deciding negotiability again.

Full text (FLRA public release)

[ v03 p4 ]

03:0004(1)NG

The decision of the Authority follows:

THE NATIONAL COUNCIL OF CSA LOCALS,
A.F.G.E., AFL-CIO
Union

and

THE COMMUNITY SERVICES ADMINISTRATION
Agency

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

and

COMMUNITY SERVICES
ADMINISTRATION
Agency

Case No. O-NG-127
3 FLRA NO. 13
Case No. O-NG-90
5 FLRA NO. 98

ORDER DISMISSING NEGOTIABILITY APPEALS

ON MARCH 5, 1982, THE COURT IN NATIONAL COUNCIL OF CSA LOCALS,
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO V. FEDERAL LABOR
RELATIONS AUTHORITY, CIVIL ACTION NOS. 80-1702, 81-1841 (D.C. CIR. MAR.
5, 1982), ORDERED THAT THE ABOVE-ENTITLED CASES BE REMANDED TO THE
AUTHORITY WITH A DIRECTION THAT THE AUTHORITY VACATE ITS PREVIOUS
DECISIONS IN THESE CASES AND ISSUE NEW ORDERS DISMISSING THE CASES AS
MOOT.

ACCORDINGLY, PURSUANT TO THE COURT'S ORDER, THE AUTHORITY'S PREVIOUS
DECISIONS IN THE ABOVE-ENTITLED CASES ARE VACATED AND IT IS HEREBY
ORDERED THAT THE UNION'S PETITIONS FOR REVIEW IN THE ABOVE-ENTITLED
CASES BE, AND HEREBY ARE, DISMISSED.

FOR THE AUTHORITY.

ISSUED, WASHINGTON, D.C., APRIL 22, 1982

JAMES J. SHEPARD, EXECUTIVE DIRECTOR