48:1074(117)AR - - NFFE, Local 1998 and U.S. Dept. of State, Bureau of Consular Affairs, Passport Services - - 1993 FLRAdec AR - - v48 p1074
[ v48 p1074 ]
The decision of the Authority follows:
48 FLRA No. 117
FEDERAL LABOR RELATIONS AUTHORITY
NATIONAL FEDERATION OF FEDERAL EMPLOYEES
U.S. DEPARTMENT OF STATE
BUREAU OF CONSULAR AFFAIRS
ORDER DISMISSING EXCEPTIONS
December 8, 1993
The Agency has filed exceptions to the award of Arbitrator Sylvester Garrett in the above-captioned case. In response to the Agency's exceptions, the Union filed a Notice of Withdrawal of Grievance, and Motion to Dismiss Case as Moot.(1) On October 19, 1993, the Authority issued an Order directing the Agency to show cause why its exceptions to the award should not be dismissed as moot.
On November 17, 1993, the Agency filed its response to the Authority's Order.(2) The Agency argues that if this case is dismissed as moot, there is nothing to preclude the Union from filing new grievances relating to the same issue.
There is no dispute that the Union has withdrawn the underlying grievance which is the basis for the Arbitrator's award in the above-captioned case. Consequently, the Arbitrator's award has been rendered moot. Under these circumstances, a decision by the Authority on the Arbitrator's award would be an advisory opinion. Section 2429.10 of the Authority's Rules and Regulations provides that the Authority will not issue advisory opinions. See Office of Hearings and Appeals, Social Security Administration and American Federation of Government Employees, AFL-CIO, Local 3615, 17 FLRA 9,10 (1985).
Accordingly, the Agency's exceptions are dismissed as moot.
For the Authority.
Alicia N. Columna
Director, Case Control Office
(If blank, the decision does not have footnotes.)
1. On November 4, l993, the Union provided the Authority with a copy of a letter to the Agency withdrawing its grievance.
2. The Agency has filed a request for waiver of the time limit for filing its response to the Authority's Order to Show Cause. As the Authority's Order to Show Cause was incorrectly addressed, the Agency's request for a waiver of time is granted.