11:0015(8)NG - AFGE, Council of SS District Office Locals and HHS, SSA -- 1983 FLRAdec NG

 11 FLRA No. 8
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES,
 COUNCIL OF SOCIAL
 SECURITY DISTRICT
 OFFICE LOCALS
 Union
 
 and
 
 DEPARTMENT OF HEALTH
 AND HUMAN SERVICES,
 SOCIAL SECURITY ADMINISTRATION
 Agency
 
                                            Case No. O-NG-516
 
                   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 which, among other things, would
 mandate bargaining over the establishment and implementation of
 flexitime plans and/or compressed work schedules.
 
    On July 23, 1982, and during the pendency of this appeal, the Federal
 Employees Flexible and Compressed Work Schedules Act of 1982, Pub. L.
 No. 97-221, 96 Stat. 227, became effective.  Under this Act, a new
 section 6131 was added to title 5, U.S. Code, which prescribes the
 criteria and review procedures governing the establishment or
 termination of a flexible or compressed schedule where the head of an
 agency determines that such schedule would have an adverse agency
 impact.  Neither party has had the opportunity to address the
 applicability to the matters involved in the instant proposal of Pub. L.
 No. 97-221 which substantially differs in some respects from its
 predecessor (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)).
 
    Accordingly, IT IS ORDERED that the Union's petition for review be,
 and it hereby is, dismissed as moot without passing on the merits of the
 appeal and without prejudice to the filing of another appeal, pursuant
 to the Rules and Regulations of the Authority, on the same issue after
 the parties have considered the applicability of Pub. L. No. 97-221 to
 the matters involved in the proposal.  /1/ See National Treasury
 Employees Union, Chapter 217 and Department of Health and Human
 Services, Region VII, 10 FLRA No. 18 (1982).  Issued, Washington, D.C.,
 January 7, 1983
                                       Ronald W. Haughton, Chairman
                                       Henry B. Frazier III, Member
                                       Leon B. Applewhaite, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ The Union's request to consolidate this case with Case No.
 O-NG-522, which involves a different issue, is denied.