Community Services Administration (Agency) and National Council of CSA Locals, American Federation of Government Employees, AFL-CIO (Union)

 



[ v07 p783 ]
07:0783(130)AR
The decision of the Authority follows:


 7 FLRA No. 130
 
 COMMUNITY SERVICES ADMINISTRATION
 (Agency)
 
 and
 
 NATIONAL COUNCIL OF CSA LOCALS,
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO
 (Union)
 
                                            Case No. O-AR-181
 
              ORDER GRANTING MOTION TO DISMISS APPEAL AS MOOT
 
    THE ABOVE-ENTITLED CASE IS BEFORE THE FEDERAL LABOR RELATIONS
 AUTHORITY ON EXCEPTIONS TO THE AWARD OF ARBITRATOR SEYMOUR STRONGIN
 FILED BY THE AGENCY PURSUANT TO SECTION 7122(A) OF THE FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C. 7101 ET SEQ.) AND SECTION
 2425.1 OF THE AUTHORITY'S RULES AND REGULATIONS (5 C.F.R. 2425.1(1981)).
 
    ON SEPTEMBER 18, 1981, THE COMMUNITY SERVICES ADMINISTRATION (CSA OR
 THE AGENCY) FILED A MOTION TO DISMISS THE SUBJECT APPEAL 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), THE APPEAL IS MOOT.  THE UNION FILED AN OPPOSITION TO THE AGENCY'S
 MOTION CONTENDING THAT IT WOULD BE PREMATURE FOR THE AUTHORITY TO
 DISMISS THE APPEAL AT THIS TIME.  THE UNION ARGUES IN THE 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 DISPUTE BETWEEN THE UNION AND CSA UPON WHICH THE ARBITRATION AWARD
 WAS BASED.  /1/ IN THAT REGARD, THE SUBJECT ARBITRATION AWARD ORDERED
 CSA TO SET ASIDE A CERTAIN PERCENTAGE OF ITS POSITIONS FOR CAREER
 MOBILITY OPPORTUNITIES WITHIN THE AGENCY.  FURTHER, TO DECIDE THE ISSUES
 PRESENTED IN THE CASE 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 AGENCY'S EXCEPTION IN THE ABOVE-ENTITLED CASE BE, AND
 IT HEREBY IS, DISMISSED.
 
    FOR THE AUTHORITY.
 
    ISSUED, WASHINGTON, D.C., JANUARY 29, 1982
 
                   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 I