Community Services Administration, Region VIII, Denver, Colorado (Respondent) and National Council of CSA Locals, American Federation of Government Employees, AFL-CIO, Local 3150 (Charging Party); Community Services Administration, Washington, DC (Respondent) and National Council of CSA Locals, American Federation of Government Employees, AFL-CIO (Charging Party) 

 



[ v07 p762 ]
07:0762(127)CA
The decision of the Authority follows:


 7 FLRA No. 127
 
 COMMUNITY SERVICES ADMINISTRATION
 REGION VIII, DENVER, COLORADO
 (Respondent)
 
 and
 
 NATIONAL COUNCIL OF CSA LOCALS,
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 3150
 (Charging Party)
                                            Case No. 7-CA-456
 
 
 COMMUNITY SERVICES ADMINISTRATION,
 WASHINGTON, D.C.
 (Respondent)
 
 and
 
 NATIONAL COUNCIL OF CSA LOCALS,
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO
 (Charging Party)
                                            Case No. 5-CA-294
 
            ORDER GRANTING MOTION TO DISMISS COMPLAINTS AS MOOT
 
    THE TWO ABOVE-ENTITLED CASES ARE BEFORE THE FEDERAL LABOR RELATIONS
 AUTHORITY PURSUANT TO SECTION 7105(A)(2)(G) OF THE FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C. 7101 ET SEQ.), AFTER BEING
 TRANSFERRED BY ORDER OF THE ADMINISTRATIVE LAW JUDGE IN THE RESPECTIVE
 CASES PURSUANT TO SECTION 2423.26 OF THE AUTHORITY'S RULES AND
 REGULATIONS (5 C.F.R.  2423.26(1981)).
 
    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 UNFAIR LABOR PRACTICE DISPUTES BETWEEN THE UNION AND CSA PRESENTED
 IN THE INSTANT CASES. /1/
 
    IN THAT REGARD, CASE NO. 7-CA-456 INVOLVES ALLEGATIONS THAT CERTAIN
 STATEMENTS WERE MADE BY A SUPERVISOR IN THE COURSE OF DISCUSSIONS WITH
 BARGAINING UNIT EMPLOYEES WHICH CONSTITUTED VIOLATIONS OF SECTION
 7116(A)(1), (2), (5) AND (8) O