13:0420(72)NG - NFFE Local 1945 and Interior, Bureau of Land Management, Denver Service Center, Denver, CO -- 1983 FLRAdec NG

 13 FLRA No. 72
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 1945
 Union
 
 and
 
 DEPARTMENT OF THE INTERIOR,
 BUREAU OF LAND MANAGEMENT,
 DENVER SERVICE CENTER,
 DENVER, COLORADO
 Agency
 
                                            Case No. O-NG-699
 
                   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 flexible work schedules
 which was alleged by the Agency to be in violation of management's right
 to assign work pursuant to section 7106(a)(2)(A) of the Statute and to
 be inconsistent with regulations issued by the Agency.
 
    On July 23, 1982, 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.  The Act added to Title 5,
 U.S. Code, a new section 6131 which sets forth the criteria and review
 procedures governing the establishment of flexible or compressed work
 schedules and their termination where an Agency head decides that such
 schedules would adversely affect Agency operations.  The parties in the
 instant case have not had an opportunity to address the effect upon the
 instant dispute of the new legislation which differs in relevant
 respects from the previous act dealing with flexible work schedules, and
 specifically provides a separate procedure for resolving collective
 bargaining impasses over flexible work schedules.
 
    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 Authority's Rules and Regulations, on the same issue,
 after the parties have considered the effect of Pub. L. No. 97-221 upon
 their dispute.  /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., November 17, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ In view of the decision herein, it is unnecessary to address the
 Agency's contentions relating to the obligation to bargain on the
 Union's proposal in the instant case.