International Association of Fire Fighters, Local F-91 and Federal Aviation Administration (Authority decision, August 31, 1983)

Final FLRA decision. The Authority resolved the matter described below. Under 5 U.S.C. § 7123(a), a person aggrieved by a final Authority order may generally seek judicial review within 60 days of issuance. A review petition does not itself stay the order.

Plain-English summary

IAFF Local F-91 sought a ruling on negotiability issues involving a Federal Aviation Administration bargaining unit. While the appeal was pending, an election led to certification of a different labor organization as the unit’s exclusive representative. Because Local F-91 no longer represented the employees for bargaining, the Authority found its negotiability issues moot. It dismissed the petition without ruling on the proposals.

Decision snapshot

• Authority: 5 U.S.C. § 7105(a)(2)(E).
• Outcome: Petition dismissed as moot after a different union was certified.
• Key point: A union that no longer represents the unit could not continue this negotiability appeal.

Full text (FLRA public release)

[ v12 p712 ]

12:0712(135)NG

The decision of the Authority follows:

12 FLRA No. 135

INTERNATIONAL ASSOCIATION OF
FIRE FIGHTERS, LOCAL F-91
(Union)

and

U.S. DEPARTMENT OF TRANSPORTATION,
FEDERAL AVIATION ADMINISTRATION
(Agency)

Case No. O-NG-802

ORDER DISMISSING PETITION FOR REVIEW

This case is before the Authority pursuant to section 7105(a)(2)(E) of the Federal Service Labor-Management Relations Statute and part 2424 of the Authority's Rules and Regulations on a petition for review of negotiability issues filed by the International Association of Fire Fighters (IAFF), Local F-91.

While the appeal was pending before the Authority, an election was held among the employees in the bargaining unit here involved, which resulted in the certification of Local 1, Federal Firefighters Association as the exclusive representative of the employees (Case No. 3-RO-30007). In these circumstances, since IAFF Local F-91 is no longer the exclusive representative of the unit of employees here involved for purposes of collective bargaining, the negotiability issues raised by IAFF Local F-91 in the instant case have been rendered moot.

Accordingly, the petition for review filed by IAFF Local F-91 is hereby dismissed. For the Authority. Issued, Washington, D.C., August 31, 1983 James J. Shepard, Executive Director