40:0966(81)NG - - NTEU, Chapter 207 and FDIC, Washington, DC - - 1991 FLRAdec NG - - v40 p966



[ v40 p966 ]
40:0966(81)NG
The decision of the Authority follows:


40 FLRA No. 81

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

NATIONAL TREASURY EMPLOYEES UNION

CHAPTER 207

(Union)

and

FEDERAL DEPOSIT INSURANCE CORPORATION

WASHINGTON, D.C.

(Agency)

0-NG-446

28 FLRA 625 (1987)

DECISION AND ORDER ON REMAND

May 24, 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 District of Columbia Circuit. FLRA v. Federal Deposit Insurance Corporation, Nos. 87-1716 and 88-1005 (D.C. Cir. Feb. 25, 1991) (per curiam). The court granted the Authority's motion to vacate its decision and order on remand in National Treasury Employees Union, Chapter 207 and Federal Deposit Insurance Corporation, Washington, D.C., 28 FLRA 625 (1987) (Chairman Calhoun dissenting) (FDIC), reconsideration denied, 29 FLRA 1465 (1987) (Chairman Calhoun dissenting) and remanded the case to the Authority with instructions to vacate its order as moot. The court also dismissed as moot a motion for summary enforcement of the Authority's decision and order on remand, and a motion for summary denial of the Agency's petition for review.

In accordance with the instructions of the court to vacate our order we will vacate as moot the decision and order on remand in FDIC.

II. Background

In FDIC the Authority, on remand, directed the Agency to bargain over a proposal which, as relevant here, required that employees' salaries be subject to adjustment equal to the adjustment recommended to the President by the Pay Advisory Council.(*) Appeals of that decision were filed in Case Nos. 87-1716 and 88-1005.

On November 5, 199