National Association of Government Employees (Union) and Department of the Navy, Navy Public Works Center, San Diego, California (Activity) 

 



[ v08 p538 ]
08:0538(105)NG
The decision of the Authority follows:


 8 FLRA No. 105
 
 NATIONAL ASSOCIATION OF
 GOVERNMENT EMPLOYEES
 (Union)
 
 and
 
 DEPARTMENT OF THE NAVY, NAVY PUBLIC
 WORKS CENTER, SAN DIEGO, CALIFORNIA
 (Activity)
 
                                            Case No. O-NG-657
 
                   ORDER DISMISSING PETITION FOR REVIEW
 
    THIS CASE IS BEFORE THE AUTHORITY PURSUANT TO SECTION 7105(A)(2)(D)
 OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C. 7101
 ET SEQ.) ON A PETITION FOR REVIEW OF A NEGOTIABILITY ISSUE FILED BY THE
 UNION.
 
    THE RECORD IN THIS CASE INDICATES THAT THE ACTIVITY ALLEGED A UNION
 PROPOSAL CONCERNING THE MAILING OF CIVILIAN EMPLOYEES' TIME AND EARNINGS
 STATEMENTS TO A NONWORK ADDRESS WAS NONNEGOTIABLE BECAUSE IT CONFLICTED
 WITH A DEPARTMENT OF THE NAVY REGULATION.  THE UNION SOUGHT THE
 AUTHORITY'S DETERMINATION, PURSUANT TO SECTION 7117(A)(2) OF THE STATUTE
 AND SECTION 2424.1(B)(3) OF THE AUTHORITY'S RULES AND REGULATIONS (5 CFR
 2424.1(B)(3)(1982)), AS TO WHETHER A COMPELLING NEED EXISTS FOR THE
 AGENCY REGULATION IN QUESTION.  SUBSEQUENTLY, IN A LETTER DATED APRIL 7,
 1982, THE AGENCY WITHDREW THE ACTIVITY'S ALLEGATION OF NONNEGOTIABILITY.
 
    SINCE THE AGENCY HAS WITHDRAWN THE ALLEGATION CONCERNING THE UNION'S
 PROPOSAL, THERE IS NO LONGER AN ISSUE AS TO WHETHER THE PROPOSAL IN THIS
 CASE IS WITHIN THE PARTIES' DUTY TO BARGAIN UNDER THE STATUTE.  THE
 DISPUTE INVOLVED IN THE UNION'S APPEAL THEREFORE HAS RENDERED MOOT.
 ACCORDINGLY, AND APART FROM OTHER CONSIDERATIONS,
 
    IT IS HEREBY ORDERED THAT THE INSTANT PETITION FOR REVIEW BE, AND IT
 HEREBY IS, DISMISSED.
 
    FOR THE AUTHORITY.
 
    ISSUED, WASHINGTON, D.C., MAY 13, 1982
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR