NTEU Chapter 217 and HHS Region VII (Authority decision, September 15, 1982)

Final FLRA decision. This is a final Authority order. 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

NTEU Chapter 217 appealed a dispute over a credit-hours proposal under the 1978 flexible-work-schedules law. That law expired during the appeal, and a materially different successor law took effect. The Authority found the appeal moot and dismissed it without deciding negotiability. It said the parties could bring a new appeal if a dispute remained after considering the new law.

Decision snapshot

• Authority: 5 U.S.C. § 7105(a)(2)(E).
• Outcome: Petition dismissed as moot; no negotiability ruling.
• Key point: A changed statutory scheme made the pending proposal dispute moot.

Full text (FLRA public release)

[ v10 p69 ]

10:0069(18)NG

The decision of the Authority follows:

10 FLRA No. 18

NATIONAL TREASURY EMPLOYEES
UNION, CHAPTER 217
Union

and

DEPARTMENT OF HEALTH AND
HUMAN SERVICES, REGION VII
Agency

Case No. O-NG-429

ORDER DISMISSING PETITION FOR REVIEW

THE PETITION FOR REVIEW IN THIS CASE COMES BEFORE THE AUTHORITY
PURSUANT TO SECTION 7105(A)(2)(E) OF THE FEDERAL SERVICE
LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE) AND RAISES THE ISSUE OF
THE NEGOTIABILITY OF A UNION PROPOSAL CONCERNING "CREDIT HOURS," UNDER
THE FEDERAL EMPLOYEES FLEXIBLE AND COMPRESSED WORK SCHEDULES ACT OF
1978. UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE
PARTIES' CONTENTIONS, THE AUTHORITY MAKES THE FOLLOWING DETERMINATIONS.

THE PARTIES' DISPUTE FOCUSES ON WHETHER THE UNION'S PROPOSAL IS
CONSISTENT WITH THE PROVISIONS OF THE FEDERAL EMPLOYEES FLEXIBLE AND
COMPRESSED WORK SCHEDULES ACT OF 1978, PUB. L. NO. 95-390, 92 STAT.
755(1978), AS AMENDED BY PUB. L. NO. 97-160, 96 STAT. 21(1982), WHICH
ACT EXPIRED ON JULY 25, 1982, DURING THE PENDENCY OF THE APPEAL.
MOREOVER, ON JULY 23, 1982, THE FEDERAL EMPLOYEES FLEXIBLE AND
COMPRESSED WORK SCHEDULES ACT OF 1982, PUB. L. NO. 97-221,96 STAT.
227(1982), SUBSTANTIALLY DIFFERING IN SOME RESPECTS FROM ITS
PREDECESSOR, BECAME EFFECTIVE WITHOUT EITHER PARTY HAVING HAD THE
OPPORTUNITY TO ADDRESS THE APPLICABILITY OF THE SUCCESSOR LAW TO THE
MATTERS INVOLVED IN THE DISPUTED PROPOSAL.

UNDER THESE CIRCUMSTANCES, THE AUTHORITY CONCLUDES THAT THE UNION'S
APPEAL HAS BEEN RENDERED MOOT. ACCORDINGLY, WITHOUT PASSING ON THE
MERITS OF THE APPEAL, PURSUANT TO SECTION 2424.10 OF THE AUTHORITY'S
RULES AND REGULATIONS, IT IS ORDERED THAT THE UNION'S PETITION FOR
REVIEW BE, AND IT HEREBY IS, DISMISSED. AN APPEAL IN THIS DISPUTE MAY
SUBSEQUENTLY BE FILED, HOWEVER, PURSUANT TO THE RULES AND REGULATIONS OF
THE AUTHORITY, SHOULD NEGOTIABILITY ISSUES REMAIN AFTER THE PARTIES HAVE
CONSIDERED THE CHANGED CIRCUMSTANCES.

ISSUED, WASHINGTON, D.C., SEPTEMBER 15, 1982

RONALD W. HAUGHTON, CHAIRMAN

HENRY B. FRAZIER III, MEMBER

LEON B. APPLEWHAITE, MEMBER

FEDERAL LABOR RELATIONS AUTHORITY