Tidewater Virginia Federal Employees Metal Trades Council and Department of the Navy, Naval Public Works Center, Norfolk (Authority decision, April 26, 1984)

Final FLRA decision. The Authority dismissed a negotiability petition as moot without deciding the proposal's merits. An aggrieved person may seek judicial review of a final Authority order in an appropriate United States court of appeals within 60 days after issuance under 5 U.S.C. § 7123(a).

Plain-English summary

The Tidewater Virginia Metal Trades Council proposed that the Navy advance a lump-sum pay deduction tied to military pension cost-of-living increases and let affected employees repay it over three months. The Navy objected to the proposal's negotiability. By the time the Authority considered the petition, the Navy had already made the deduction. The Authority dismissed the dispute as moot because a ruling then would have been an advisory opinion.

Decision snapshot

• Authority: Negotiability review under 5 U.S.C. § 7105(a)(2)(E).
• Outcome: Union petition dismissed as moot.
• Key point: The completed deduction left no live negotiability dispute for the Authority to decide.

Full text (FLRA public release)

[ v14 p309 ]

14:0309(57)NG

The decision of the Authority follows:

14 FLRA No. 57

TIDEWATER VIRGINIA FEDERAL
EMPLOYEES METAL TRADES COUNCIL
Union

and

DEPARTMENT OF THE NAVY,
NAVAL PUBLIC WORKS CENTER,
NORFOLK, VIRGINIA
Activity

Case No. O-NG-880

ORDER DISMISSING PETITION FOR REVIEW

This case is before the Authority pursuant to section 7105(a)(2)(E1 of the Federal Service Labor-Management Relations Statute on a petition for review of a negotiability issue filed by the Union. For the reasons stated below, the Union's petition for review must be dismissed.

The record before the Authority in this case indicates that during negotiations between the parties over the impact and implementation of the Omnibus Reconciliation Act of 1982 (Public Law 97-253), a dispute arose over a provision for military pension cost-of-living increases to be deducted from the civilian pay of affected employees. The Activity informed the Union that it intended to deduct the required amount as a one-time, lump-sum payment. The Union submitted a proposal essentially seeking an arrangement whereby the Activity would advance the amount of the lump-sum payment to the affected employees to be repaid over a three month period. The Activity alleged that the Union's proposal was nonnegotiable. The Union then filed the instant petition for review with the Authority.

In its statement of position, the Agency informed the Authority that the deduction was made as a one-time, lump-sum deduction on or about July 14, 1983, and contends, among other things, that the proposal at issue in this case has been rendered moot.

Upon careful consideration of the submissions of the parties, it has been determined that since the deduction described above has been made, the instant negotiability dispute has been rendered moot. Further, to decide the issue presented in the instant case under the circumstances described 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, the Union's petition for review is hereby dismissed. For the Authority. Issued, Washington, D.C., April 26, 1984 Harold D. Kessler, Director, Case Management