39:0182(11)NG - - NTEU and Nuclear Regulatory Commission - - 1991 FLRAdec NG - - v39 p182



[ v39 p182 ]
39:0182(11)NG
The decision of the Authority follows:


39 FLRA No. 11

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

NATIONAL TREASURY EMPLOYEES UNION

(Union)

and

NUCLEAR REGULATORY COMMISSION

(Agency)

0-NG-1250

29 FLRA 217 (1987)

DECISION AND ORDER ON REMAND

January 30, 1991

Before Chairman McKee and Members Talkin and Armendariz.

I. Statement of the Case

This negotiability case is before the Authority on remand from the United States Court of Appeals for the Fourth Circuit. Nuclear Regulatory Commission v. FLRA, No. 87-3182 (4th Cir. Dec. 20, 1990) (NRC). The court vacated the Authority's decision in National Treasury Employees Union and Nuclear Regulatory Commission, 29 FLRA 217 (1987) (NTEU) and remanded the case to the Authority with instructions to dismiss the case as moot. Accordingly, we will do so.

II. Background

In NTEU, the Authority directed the Agency to bargain over a proposal providing, as relevant here, that employees' salaries would be subject to adjustment equal to the adjustment recommended to the President by the Advisory Committee on Federal Pay. On a petition for review filed by the Agency, a panel of the U.S. Court of Appeals for the Fourth Circuit affirmed the Authority's decision. Nuclear Regulatory Commission v. FLRA, 859 F.2d 302 (4th Cir. 1988). Subsequently, the Fourth Circuit, sitting en banc, vacated the panel's decision and denied enforcement of the Authority's bargaining order. Nuclear Regulatory Commission v. FLRA, 879 F.2d 1225 (4th Cir. 1989). On petitions for certiorari filed by the Authority and the Union, the U.S. Supreme Court vacated the Court of Appeals' en banc decision and remanded the case to the Fourth Circuit. FLRA v. National Treasury Employees Union, 110 S. Ct. 2580 (1990); National Treasury Employees Union v. Nuclear Regulatory Commission, 110 S. Ct. 2579 (1990). As noted previously, in NRC the Fourth Circuit, on remand from the Supreme Court, vacated the Authority's decision and remanded the case