American Federation of Government Employees, National Council of CSA Locals, AFL-CIO (Union) and Community Services Administration; American Federation of Government Employees, Local 2816 Union) and Community Services Administration, Region V, Chicago, Illinois (Activity); American Federation of Government Employees, Local 2816, AFL-CIO (Union)  and CSA Region V, Chicago, Illinois (Activity)

 



[ v07 p192 ]
07:0192(29)NG
The decision of the Authority follows:


 7 FLRA No. 29
 
 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
 AFL-CIO, NATIONAL COUNCIL OF CSA LOCALS
 (Union)
 
 and
                                            Case No. O-NG-98
 
 COMMUNITY SERVICES ADMINISTRATION
 (Agency)
 
 
 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
 AFL-CIO, LOCAL 2816
 (Union)
 
 and
                                            Case No. O-NG-282
 
 COMMUNITY SERVICES ADMINISTRATION
 REGION V, CHICAGO, ILLINOIS
 (Activity)
 
 
 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
 ALF-CIO, LOCAL 2816
 (Union)
 
 and
                                            Case No. O-NG-289
 
 COMMUNITY SERVICES ADMINISTRATION
 REGION V, CHICAGO, ILLINOIS
 (Activity)
 
             ORDER GRANTING MOTION TO DISMISS APPEALS AS MOOT
 
    THE THREE ABOVE-ENTITLED CASES ARE BEFORE THE FEDERAL LABOR RELATIONS
 AUTHORITY PURSUANT TO SECTION 7105(A)(2)(E) OF THE FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C. 7101 ET SEQ.), ON PETITIONS
 FOR REVIEW OF NEGOTIABILITY ISSUES FILED BY THE UNION IN THE RESPECTIVE
 CASES.
 
    ON SEPTEMBER 18, 1981, THE COMMUNITY SERVICES ADMINISTRATION (CSA OR
 THE AGENCY) FILED A MOTION TO DISMISS THE SUBJECT APPEALS AS MOOT.  IN
 SUPPORT OF ITS MOTION, CSA CONTENDS, IN PERTINENT PART, THAT BECAUSE OF
 THE CLOSING OF THE AGENCY ON OCTOBER 1, 1981, PURSUANT TO THE OMNIBUS
 BUDGET RECONCILIATION ACT OF 1981 (PUB. L. 97-37, 95 STAT. 357) (BUDGET
 ACT), EACH OF THE APPEALS IS MOOT.  THE UNION FILED AN OPPOSITION TO THE
 AGENCY'S MOTION CONTENDING THAT IT WOULD BE PREMATURE FOR THE AUTHORITY
 TO DISMISS THE APPEALS AT THIS TIME.  THE UNION ARGUES IN THAT REGARD
 THAT QUESTIONS EXIST AS TO WHETHER ANOTHER AGENCY, THE DEPARTMENT OF
 HEALTH AND HUMAN SERVICES (HHS) IS A SUCCESSOR AGENCY TO CSA AND WHAT
 OBLIGATIONS, IF ANY, HHS HAS TO THE UNION, THE RESOLUTION OF WHICH
 QUESTIONS DEPENDS ON THE OUTCOME OF A CASE BEFORE THE UNITED STATES
 DISTRICT COURT FOR THE DISTRICT OF COLUMBIA.
 
    UPON CAREFUL CONSIDERATION OF THE AGENCY'S MOTION AND THE UNION'S
 OPPOSITION THERETO, IT HAS BEEN DETERMINED THAT THE TERMINATION OF CSA
 AS AN AGENCY BY OPERATION OF THE BUDGET ACT HAS SERVED TO RENDER MOOT
 THE NEGOTIABILITY DISPUTES BETWEEN THE UNION AND CSA PRESENTED IN THE
 INSTANT CASES.  /1/ FURTHER, TO DECIDE THE ISSUES PRESENTED IN THE
 INSTANT CASES IN THESE CIRCUMSTANCES 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, IT IS HEREBY
 ORDERED THAT THE UNION'S PETITIONS FOR REVIEW IN THE ABOVE-ENTITLED
 CASES BE, AND THEY HEREBY ARE, DISMISSED.  /2/
 
    FOR THE AUTHORITY.
 
    ISSUED, WASHINGTON, D.C., NOVEMBER 12, 1981
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR
 
 
 
 
 
 --------------- FOOTNOTES: ---------------
 
 
    /1/ ANY ISSUE AS TO WHETHER THE DEPARTMENT OF HEALTH AND HUMAN
 SERVICES IS A SUCCESSOR TO CSA IS AN ISSUE TO BE RESOLVED IN AN
 APPROPRIATE PROCEEDING SUCH AS THE AUTHORITY'S UNFAIR LABOR PRACTICE OR
 REPRESENTATION CASE PROCEEDINGS AND NOT IN THE CONTENT OF A
 NEGOTIABILITY CASE.
 
    /2/ IN SO DECIDING TO DISMISS THESE CASES, THE AUTHORITY MAKES NO
 JUDGEMENT ON THE NEGOTIABILITY OF THE PROPOSALS INVOLVED.