17:0007(4)NG - AFGE Local 2250 and VA Medical Center, Muskogee, OK -- 1985 FLRAdec NG



[ v17 p7 ]
17:0007(4)NG
The decision of the Authority follows:


 17 FLRA No. 4
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 2250
 Union
 
 and
 
 VETERANS ADMINISTRATION MEDICAL
 CENTER, MUSKOGEE, OKLAHOMA
 Activity
 
                                            Case No. 0-NG-1042
 
                   ORDER DISMISSING PETITION FOR REVIEW
 
    This case is before the Authority pursuant to section 7105(a)(2)(E)
 of the Federal Service Labor-Management Relations Statute on a petition
 filed by the Union for review of a negotiability dispute with the
 Activity.  For the reasons stated below, the Union's petition for review
 must be dismissed.
 
    The record before the Authority in this case indicates that the
 negotiability dispute between the parties is involved solely with the
 prospective assignment of one Lester Rouse, an employee of the Activity.
  Mr. Rouse's assignment was a detail not to exceed 60 days to drive the
 Activity's shuttle bus route.  Prior to the effective date of the change
 in Rouse's assignment, the Union submitted to management 10 proposals
 for negotiation concerning the assignment.  Management submitted
 counterproposals on the three proposals they considered to be
 negotiable.  The Union filed the instant petition for review with the
 Authority in accordance with section 2424.3 of the Authority's Rules and
 Regulations after the Activity did not serve a written allegation of
 nonnegotiability upon the Union within 10 days after receipt of the
 Union's written request for such allegation.
 
    In its statement of position, the Agency informed the Authority that
 Rouse's assignment was effected on August 6, 1984, and that he resigned
 from employment with the Veterans Administration effective August 16,
 1984.  Among other matters, the Agency argues that these facts have
 rendered this case moot.
 
    Upon careful consideration of the submissions of the parties, it has
 been determined that since the negotiability dispute between the parties
 solely involved the prospective reassignment of employee Rouse, who was
 reassigned and who is no longer an employee, the instant negotiability
 dispute has been rendered moot.  Further, to decide the issues presented
 in the instant case under the circumstances described 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, the Union's
 petition for review is hereby dismissed.  For the Authority.  Issued,
 Washington, D.C., January 31, 1985
                                       Harold D. Kessler,
                                       Managing Director for Case
                                       Processi