Goddard Engineers, Scientists and Technicians Association, Local 29 (Union) and NASA, Goddard Space Flight Center (Activity)




[ v08 p539 ]
08:0539(106)NG
The decision of the Authority follows:


 8 FLRA No. 106
 
 GODDARD ENGINEERS, SCIENTISTS
 AND TECHNICIANS ASSOCIATION,
 LOCAL 29
 (Union)
 
 and
 
 NATIONAL AERONAUTICS AND SPACE
 ADMINISTRATION, GODDARD SPACE
 FLIGHT CENTER
 (Activity)
 
                                            Case No. O-NG-605
 
                   ORDER DISMISSING PETITION FOR REVIEW
 
    THIS CASE IS BEFORE THE AUTHORITY PURSUANT TO SECTION 7105(A)(2)(E)
 OF THE FEDERAL SERVICES LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C.
 7101 ET SEQ.) ON A PETITION FOR REVIEW OF NEGOTIABILITY ISSUES FILED BY
 THE UNION.
 
    THE RECORD IN THIS CASE INDICATES THAT THE ACTIVITY ALLEGED THE
 UNION'S PROPOSALS ON PERFORMANCE STANDARDS WERE NONNEGOTIABLE BECAUSE
 THEY CONFLICTED WITH THE PROVISIONS OF 5 U.S.C. 7106(A)(2) AND
 7106(B)(1).  THE UNION THEN FILED THE INSTANT APPEAL WITH THE AUTHORITY
 SEEKING A DETERMINATION, PURSUANT TO SECTION 7117(C)(1) OF THE STATUTE
 AND SECTION 2424.1(A)(1981)), AS TO THE NEGOTIABILITY OF THE DISPUTED
 PROPOSALS.  SUBSEQUENTLY, BY LETTER DATED APRIL 19, 1982, THE AGENCY
 WITHDREW THE ACTIVITY'S ALLEGATION OF NONNEGOTIABILITY.
 
    SINCE THE AGENCY HAS WITHDRAWN THE ALLEGATION CONCERNING THE UNION'S
 PROPOSALS, THERE IS NO LONGER AN ISSUE AS TO WHETHER THE PROPOSALS IN
 THIS CASE ARE WITHIN THE PARTIES' DUTY TO BARGAIN UNDER THE STATUTE.
 THE DISPUTE INVOLVED IN THE UNION'S APPEAL THEREFORE HAS BEEN RENDERED
 MOOT.
 
    ACCORDINGLY, FOR THE REASONS STATED HEREIN, AND APART FROM OTHER
 CONSIDERATIONS,
 
    IT IS HEREBY ORDERED, THAT THE INSTANT APPEAL BE, AND IT HEREBY IS,
 DISMISSED.
 
    FOR THE AUTH