11:0015(8)NG - AFGE, Council of SS District Office Locals and HHS, SSA -- 1983 FLRAdec NG
[ v11 p15 ]
The decision of the Authority follows:
11 FLRA No. 8 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, COUNCIL OF SOCIAL SECURITY DISTRICT OFFICE LOCALS Union and DEPARTMENT OF HEALTH AND HUMAN SERVICES, SOCIAL SECURITY ADMINISTRATION Agency Case No. O-NG-516 ORDER DISMISSING PETITION FOR REVIEW The petition for review in this case comes before the Authority pursuant to section 7105(a)(2)(E) of the Federal Service Labor-Management Relations Statute (the Statute) and raises the issue of the negotiability of a Union proposal which, among other things, would mandate bargaining over the establishment and implementation of flexitime plans and/or compressed work schedules. On July 23, 1982, and during the pendency of this appeal, the Federal Employees Flexible and Compressed Work Schedules Act of 1982, Pub. L. No. 97-221, 96 Stat. 227, became effective. Under this Act, a new section 6131 was added to title 5, U.S. Code, which prescribes the criteria and review procedures governing the establishment or termination of a flexible or compressed schedule where the head of an agency determines that such schedule would have an adverse agency impact. Neither party has had the opportunity to address the applicability to the matters involved in the instant proposal of Pub. L. No. 97-221 which substantially differs in some respects from its predecessor (Federal Employees Flexible and Compressed Work Schedules Act of 1978, Pub. L. No. 95-390, 92 Stat. 755 (1978), as amended by Pub. L. No. 97-160, 96 Stat. 21 (1982)). Accordingly, IT IS ORDERED that the Union's petition for review be, and it hereby is, dismissed as moot without passing on the merits of the appeal and without prejudice to the filing of another appeal, pursuant to the Rules and Regulations of the Authority, on the same issue after the parties have considered the applicability of Pub. L. No. 97-221 to the matters involved in the proposal. /1/ See National Treasury Employees Union, Chapter 217 and Department of Health and Human Services, Region VII, 10 FLRA No. 18 (1982). Issued, Washington, D.C., January 7, 1983 Ronald W. Haughton, Chairman Henry B. Frazier III, Member Leon B. Applewhaite, Member FEDERAL LABOR RELATIONS AUTHORITY --------------- FOOTNOTES$ --------------- /1/ The Union's request to consolidate this case with Case No. O-NG-522, which involves a different issue, is denied.