18:0762(89)NG - AFGE Local 3823 and FDIC, Boston Region -- 1985 FLRAdec NG

 18 FLRA No. 89
 
 AMERICAN FEDERATION OF 
 GOVERNMENT EMPLOYEES, 
 AFL-CIO, LOCAL 3823
 Union 
 and 
 
 FEDERAL DEPOSIT INSURANCE 
 CORPORATION, BOSTON REGION 
 Agency
 
                                            Case No. 0-NG-790
 
                   ORDER DISMISSING PETITION FOR REVIEW
 
    This matter is before the Authority at this time pursuant to section
 7105(a)(2)(D) and (E) of the Federal Service Labor-Management Relations
 Statute and part 2424 of the Authority's Rules and Regulations on a
 petition for review of a negotiability issue filed by the Union.  For
 the reasons stated below, it has been determined that the Union's
 petition for review must be dismissed.
 
    The petitioner in this case is no longer the exclusive representative
 of the employees of the Agency.  In this regard, on May 28, 1985,
 another union was certified as exclusive representative for the
 employees in the bargaining unit for which the Union which was party to
 the petition herein had previously held exclusive recognition.  /1/
 Inasmuch as there is no longer any bargaining relationship between the
 Agency and the Union and, consequently, no obligation on the part of the
 Agency to bargain with the Union which filed the petition in this case,
 issues as to the scope of bargaining are not appropriate for resolution
 by the Authority.  /2/
 
    For the foregoing reason, it is concluded that the negotiability
 issues raised in the instant appeal have been rendered moot by the
 issuance of the certification of exclusive representative in Case No.
 1-RO-50004.
 
    Accordingly, without passing on the merits of the dispute, IT IS
 ORDERED that the Union's petition for review be, and it hereby is,
 dismissed.  For the Authority.  Issued, Washington, D.C., June 26, 1985
                                       Harold D. Kessler
                                       Managing Director for Case
                                       Processing
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
 
    /1/ An election had been conducted pursuant to a representation
 petition filed in Case No. 1-RO-50004.
 
 
    /2/ See Overseas Education Association and Department of Defense,
 Office of Dependents Schools, Alexandria, Virginia, 7 FLRA 84 (1981).