Federal Employees Metal Trades Council, AFL-CIO (Union) and Department of the Navy, Mare Island Naval Shipyard (Agency)



[ v07 p701 ]
07:0701(108)NG
The decision of the Authority follows:


 7 FLRA No. 108
 
 FEDERAL EMPLOYEES METAL
 TRADES COUNCIL, AFL-CIO
 Union
 
 and
 
 DEPARTMENT OF THE NAVY,
 MARE ISLAND NAVAL SHIPYARD
 Agency
 
                                            Case No. O-NG-495
 
                   ORDER DISMISSING PETITION FOR REVIEW
 
    THIS MATTER COMES BEFORE THE FEDERAL LABOR RELATIONS AUTHORITY
 PURSUANT TO SECTION 7105(A)(2)(E) OF THE FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE).
 
    THE RECORD INDICATES THAT A DISPUTE AROSE DURING NEGOTIATIONS
 CONCERNING MANAGEMENT'S PLANNED SHUTDOWN OF THE SHIPYARD OVER CERTAIN
 TIME PERIODS.  THE AGENCY ALLEGED THAT THE UNION'S PROPOSAL FOR USE OF
 ADMINISTRATIVE LEAVE DURING THE SHUTDOWN PERIOD WAS NONNEGOTIABLE.  THE
 UNION THEN FILED THE INSTANT APPEAL WITH THE AUTHORITY.
 
    ACCORDING TO THE AGENCY, THE PARTIES CONTINUED BARGAINING AND
 SUBSEQUENTLY REACHED AGREEMENT ON A PROPOSAL RELATING TO A SHIPYARD
 SHUTDOWN AND THE USE OF LEAVE THEREFOR.  THE AGENCY CONTENDS THAT THIS
 AGREEMENT WAS EMBODIED IN AN ADMINISTRATIVE NOTICE AND TAKES THE
 POSITION THAT THE PARTIES' AGREEMENT RENDERS THE INSTANT CASE MOOT.  THE
 UNION HAS NOT RESPONDED TO THE AGENCY'S STATEMENT OF POSITION.
 
    UNDER THESE CIRCUMSTANCES, THAT IS, THAT THE AGENCY CONTENDS WITHOUT
 REFUTATION BY THE UNION THAT MUTUAL AGREEMENT WAS REACHED ON THE MATTER
 WHICH IS THE SUBJECT OF THE INSTANT AP