[ v11 p34 ]
11:0034(17)CO
The decision of the Authority follows:
11 FLRA No. 17
PROFESSIONAL AIR TRAFFIC CONTROLLERS
ORGANIZATION, AFL-CIO, LOCAL 435
Respondent
and
DEPARTMENT OF TRANSPORTATION,
FEDERAL AVIATION ADMINISTRATION,
SAN ANTONIO INTERNATIONAL
AIR TRAFFIC CONTROL TOWER
Charging Party
Case No. 6-CO-18
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