American Federation of Government Employees, Local 1170, AFL-CIO (Union) and Public Health Service Hospital, Seattle, Washington (Activity)

 



[ v07 p764 ]
07:0764(128)NG
The decision of the Authority follows:


 7 FLRA No. 128
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 1170
 (Union)
 
 and
 
 PUBLIC HEALTH SERVICE HOSPITAL,
 SEATTLE, WASHINGTON
 (Activity)
 
                                            Case No. O-NG-503
 
                   ORDER DISMISSING NEGOTIABILITY APPEAL
 
    THIS CASE IS BEFORE THE AUTHORITY PURSUANT TO SECTION 7105(A)(2)(E)
 OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C. 7101
 ET SEQ.) ON A PETITION FOR REVIEW FILED BY THE AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 1170 (THE UNION).  FOR THE REASONS
 INDICATED BELOW, THE UNION'S APPEAL MUST BE DISMISSED.
 
    ON DECEMBER 10, 1981, THE PUBLIC HEALTH SERVICE HOSPITAL, SEATTLE,
 WASHINGTON (THE ACTIVITY) FILED A MOTION TO DISMISS THE SUBJECT APPEAL.
 IN SUPPORT OF ITS MOTION, THE ACTIVITY CONTENDS THAT IN A TRANSFER
 EFFECTIVE NOVEMBER 20, 1981, CONTROL OF THE PUBLIC HEALTH SERVICE
 HOSPITAL, SEATTLE, WASHINGTON WAS PASSED FROM THE UNITED STATES
 DEPARTMENT OF HEALTH AND HUMAN SERVICES TO THE SEATTLE PUBLIC HEALTH
 SERVICE HOSPITAL PRESERVATION AND DEVELOPMENT AUTHORITY, A MUNICIPAL
 CORPORATION OF WASHINGTON STATE.  THE AGENCY FURTHER CONTENDS THAT SINCE
 THE HOSPITAL IS NO LONGER A FEDERAL FACILITY, THE PRESENT CASE HAS BEEN
 RENDERED MOOT, AND THAT THE AUTHORITY IS PRECLUDED BY SECTION 2429.10 OF
 THE AUTHORITY'S RULES AND REGULATIONS, WHICH PROHIBITS THE ISSUANCE OF
 ADVISORY OPINIONS, FROM ISSUING A DECISION IN THIS CASE.
 
    THE UNION DID NOT FILE ANY OPPOSITION TO THE ACTIVITY'S MOTION TO
 DISMISS.
 
    UPON CONSIDERATION OF THE AGENCY'S UNOPPOSED MOTION TO DISMISS, IT
 HAS BEEN DETERMINED THAT THE TRANSFER OF THE PUBLIC HEALTH SERVICE
 HOSPITAL, SEATTLE, WASHINGTON FROM FEDERAL GOVERNMENT CONTROL TO A
 MUNICIPAL CORPORATION OF WASHINGTON STATE, REMOVED THE SUBJECT DISPUTE
 FROM THE AUTHORITY'S JURISDICTION.
 
    ACCORDINGLY, AND APART FROM OTHER CONSIDERATIONS, IT IS HEREBY
 ORDERED THAT THE UNION'S PETITION FOR REVIEW IN THE ABOVE-ENTITLED CASE
 BE, AND HEREBY IS, DISMISSED.  /1/
 
    FOR THE AUTHORITY.
 
    ISSUED, WASHINGTON, D.C., JANUARY 28, 1982
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR
 
 
 
 
 
 --------------- FOOTNOTES: ---------------
 
 
    /1/ IN SO DECIDING TO DISMISS THIS CASE, THE AUTHORITY MAKES NO
 JUDGMENT ON THE NEGOTIABILITY OF THE PROPOSAL INVOLVED.