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11:0032(16)CO - PATCO Local 216 and FAA, Airport Traffic Control Tower, Greater Buffalo International Airport, Cheektowaga, NY -- 1983 FLRAdec CO



[ v11 p32 ]
11:0032(16)CO
The decision of the Authority follows:


 11 FLRA No. 16
 
 PROFESSIONAL AIR TRAFFIC CONTROLLERS
 ORGANIZATION, AFL-CIO, LOCAL 216
 Respondent
 
 and
 
 FEDERAL AVIATION ADMINISTRATION,
 AIRPORT TRAFFIC CONTROL TOWER,
 GREATER BUFFALO INTERNATIONAL
 AIRPORT, CHEEKTOWAGA, NEW YORK
 Charging Party
 
                                            Case No. 1-CO-23
 
                ORDER GRANTING MOTION TO DISMISS COMPLAINT
 
    The above-entitled case is before the Federal Labor Relations
 Authority pursuant to section 7105(a)(2)(G) of the Federal Service
 Labor-Management Relations Statute (the Statute), after being
 transferred by the Regional Director's "Order Transferring Case to the
 Federal Labor Relations Authority" in accordance with section 2429.1(a)
 of the Authority's Rules and Regulations.  Thereafter, the General
 Counsel filed a motion to dismiss the complaint in view of the
 Authority's decision in Professional Air Traffic Controllers
 Organization, Affiliated with MEBA, AFL-CIO, 7 FLRA No. 10 (1981),
 affirmed sub nom., Professional Air Traffic Controllers Organization v.
 Federal Labor Relations Authority, 685 F.2d 547 (D.C. Cir. 1982).
 
    In that decision, the Authority revoked the exclusive recognition
 status of the Respondent herein, PATCO, for having engaged in strike
 activity prohibited by section 7116(b)(7) of the Statute, and found that
 PATCO is no longer a labor organization within the meaning of the
 Statute.
 
    Upon careful consideration of the motion to dismiss filed by the
 General Counsel, it has been determined that this unfair labor practice
 case has been rendered moot.  Thus, due to Respondent's loss of status
 as an exclusive representative and as a labor organization under the
 Statute, any decision rendered herein cannot have any practical legal
 effect.
 
    Accordingly, IT IS HEREBY ORDERED that the complaint in the
 above-entitled case be, and it hereby is, dismissed.  
 
 Issued, Washington, D.C., January 14, 1983
 
                                       Ronald W. Haughton, Chairman
                                       Henry B. Frazier III, Member
                                       Leon B. Applewhaite, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY