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17:0009(5)AR - Office of Hearings and Appeals, SSA and AFGE Local 3615 -- 1985 FLRAdec AR



[ v17 p9 ]
17:0009(5)AR
The decision of the Authority follows:


 17 FLRA No. 5
 
 OFFICE OF HEARINGS AND APPEALS,
 SOCIAL SECURITY ADMINISTRATION
 Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 3615
 Union
 
                                            Case No. O-AR-596
 
                        ORDER DISMISSING EXCEPTIONS
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Robert J. Ables filed by the Activity under section 7122(a)
 of the Federal Service Labor-Management Relations Statute and part 2425
 of the Authority's Rules and Regulations.  /1/
 
    The dispute in this matter concerned the Activity's appraisal of a
 number of employees under certain performance elements and standards.
 In his award, the Arbitrator did not disturb any of the appraisals but
 directed the Activity to discontinue applying one of the elements and to
 also change its prescribed method of determining the overall performance
 of employees under another element.  While the Activity's exceptions to
 the award were pending before the Authority, the Union requested the
 Authority to dismiss the exceptions as moot because the Activity had
 implemented the Arbitrator's award and changed the elements and
 standards involved.  In response, the Activity acknowledged that it had
 modified the elements and standards, but claimed that the question as to
 whether the Arbitrator's award was deficient had not been resolved and
 therefore requested a decision on the merits of its exceptions.
 
    Upon careful consideration of the submissions of the parties, it has
 been determined that since the performance elements and standards have
 been changed, the underlying dispute between the parties and the
 Arbitrator's award concerning those elements and standards have been
 rendered moot.  In these circumstances, to decide whether the
 Arbitrator's award is deficient as alleged by the Activity would be
 tantamount to issuing an advisory opinion, which is precluded by section
 2429.10 of the Authority's Rules and Regulations.
 
    Accordingly, the Activity's exceptions are dismissed.  For the
 Authority.  Issued, Washington, D.C.  February 11, 1985
                                       Harold D. Kessler
                                       Managing Director for Case
                                       Processing
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ The Activity's request for a stay of the award was previously
 granted.