National Federation of Federal Employees, Local 1945 and Bureau of Land Management, Denver Service Center (Authority decision, November 17, 1983)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority. Under 5 U.S.C. § 7123(a), an aggrieved person may generally seek judicial review in an appropriate United States court of appeals within 60 days after issuance. A review petition does not itself stay the order.

Plain-English summary

NFFE Local 1945 challenged the Bureau of Land Management’s objection to a flexible work schedule proposal. A new federal flexible and compressed work schedules law took effect while the appeal was pending. The parties had not addressed the new law or its separate impasse process. The Authority dismissed the appeal as moot without deciding negotiability and allowed a new appeal after the parties considered the law.

Decision snapshot

• Authority: 5 U.S.C. § 7105(a)(2)(E).
• Outcome: Petition dismissed as moot, without prejudice to a new appeal.
• Key point: A change in governing law can end a negotiability appeal without a merits ruling.

Full text (FLRA public release)

[ v13 p420 ]

13:0420(72)NG

The decision of the Authority follows:

13 FLRA No. 72

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 1945
Union

and

DEPARTMENT OF THE INTERIOR,
BUREAU OF LAND MANAGEMENT,
DENVER SERVICE CENTER,
DENVER, COLORADO
Agency

Case No. O-NG-699

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 flexible work schedules which was alleged by the Agency to be in violation of management's right to assign work pursuant to section 7106(a)(2)(A) of the Statute and to be inconsistent with regulations issued by the Agency.

On July 23, 1982, during the pendency of this appeal, the Federal Employees Flexible and Compressed Work Schedules Act of 1982, Pub. L. No. 97-221, 96 Stat. 227, became effective. The Act added to Title 5, U.S. Code, a new section 6131 which sets forth the criteria and review procedures governing the establishment of flexible or compressed work schedules and their termination where an Agency head decides that such schedules would adversely affect Agency operations. The parties in the instant case have not had an opportunity to address the effect upon the instant dispute of the new legislation which differs in relevant respects from the previous act dealing with flexible work schedules, and specifically provides a separate procedure for resolving collective bargaining impasses over flexible work schedules.

Accordingly, IT IS ORDERED that the Union's petition for review be, and it hereby is, dismissed as moot, without passing on the merits of the appeal, and without prejudice to the filing of another appeal pursuant to the Authority's Rules and Regulations, on the same issue, after the parties have considered the effect of Pub. L. No. 97-221 upon their dispute. /1/ See National Treasury Employees Union, Chapter 217 and Department of Health and Human Services, Region VII, 10 FLRA No. 18 (1982). Issued, Washington, D.C., November 17, 1983 Barbara J. Mahone, Chairman Ronald W. Haughton, Member Henry B. Frazier III, Member FEDERAL LABOR RELATIONS AUTHORITY

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/1/ In view of the decision herein, it is unnecessary to address the Agency's contentions relating to the obligation to bargain on the Union's proposal in the instant case.