10:0069(18)NG - NTEU Chapter 2l7 and HHS Region VII -- 1982 FLRAdec NG

 10 FLRA No. 18
 
 NATIONAL TREASURY EMPLOYEES
 UNION, CHAPTER 217
 Union
 
 and
 
 DEPARTMENT OF HEALTH AND
 HUMAN SERVICES, REGION VII
 Agency
 
                                            Case No. O-NG-429
 
                   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 CONCERNING "CREDIT HOURS," UNDER
 THE FEDERAL EMPLOYEES FLEXIBLE AND COMPRESSED WORK SCHEDULES ACT OF
 1978.  UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE
 PARTIES' CONTENTIONS, THE AUTHORITY MAKES THE FOLLOWING DETERMINATIONS.
 
    THE PARTIES' DISPUTE FOCUSES ON WHETHER THE UNION'S PROPOSAL IS
 CONSISTENT WITH THE PROVISIONS OF THE 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), WHICH
 ACT EXPIRED ON JULY 25, 1982, DURING THE PENDENCY OF THE APPEAL.
 MOREOVER, ON JULY 23, 1982, THE FEDERAL EMPLOYEES FLEXIBLE AND
 COMPRESSED WORK SCHEDULES ACT OF 1982, PUB. L. NO. 97-221,96 STAT.
 227(1982), SUBSTANTIALLY DIFFERING IN SOME RESPECTS FROM ITS
 PREDECESSOR, BECAME EFFECTIVE WITHOUT EITHER PARTY HAVING HAD THE
 OPPORTUNITY TO ADDRESS THE APPLICABILITY OF THE SUCCESSOR LAW TO THE
 MATTERS INVOLVED IN THE DISPUTED PROPOSAL.
 
    UNDER THESE CIRCUMSTANCES, THE AUTHORITY CONCLUDES THAT THE UNION'S
 APPEAL HAS BEEN RENDERED MOOT.  ACCORDINGLY, WITHOUT PASSING ON THE
 MERITS OF THE APPEAL, PURSUANT TO SECTION 2424.10 OF THE AUTHORITY'S
 RULES AND REGULATIONS, IT IS ORDERED THAT THE UNION'S PETITION FOR
 REVIEW BE, AND IT HEREBY IS, DISMISSED.  AN APPEAL IN THIS DISPUTE MAY
 SUBSEQUENTLY BE FILED, HOWEVER, PURSUANT TO THE RULES AND REGULATIONS OF
 THE AUTHORITY, SHOULD NEGOTIABILITY ISSUES REMAIN AFTER THE PARTIES HAVE
 CONSIDERED THE CHANGED CIRCUMSTANCES.
 
    ISSUED, WASHINGTON, D.C., SEPTEMBER 15, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY