10:0447(75)NG - AFGE Local 3723 and Naval Air Station Miramar, San Diego, CA -- 1982 FLRAdec NG



[ v10 p447 ]
10:0447(75)NG
The decision of the Authority follows:


 10 FLRA No. 75
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 3723
 (Union)
 
 and
 
 NAVAL AIR STATION MIRAMAR,
 SAN DIEGO, CALIFORNIA
 (Activity)
 
                                            Case No. O-NG-742
 
                   ORDER DISMISSING PETITION FOR REVIEW
 
    THIS CASE IS BEFORE THE AUTHORITY PURSUANT TO SECTION 7105(A)(2)(D)
 AND (E) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE AND
 SECTION 2424.1 OF THE AUTHORITY'S RULES AND REGULATIONS ON A PETITION
 FOR REVIEW OF NEGOTIABILITY ISSUES FILED BY THE UNION.  FOR THE REASON
 SET FORTH BELOW, THE UNION'S PETITION MUST BE DISMISSED.
 
    THE RECORD BEFORE THE AUTHORITY INDICATES THAT DURING NEGOTIATIONS
 BETWEEN THE PARTIES, THE ACTIVITY ALLEGED THAT THE UNION'S PROPOSAL
 CONCERNING MERIT PROMOTION WAS NONNEGOTIABLE BECAUSE IT WAS INCONSISTENT
 WITH LAW AND REGULATIONS.  THE UNION THEN FILED THE INSTANT PETITION FOR
 REVIEW WITH THE AUTHORITY SEEKING A DETERMINATION AS TO THE
 NEGOTIABILITY OF THE MATTER.  SUBSEQUENTLY, THE DEPARTMENT OF THE NAVY
 WITHDREW THE ACTIVITY'S ALLEGATION OF NONNEGOTIABILITY.
 
    SINCE THE ALLEGATION CONCERNING THE UNION'S PROPOSAL HAS BEEN
 WITHDRAWN, THERE IS NO LONGER AN ISSUE AS TO WHETHER THE PROPOSAL IS
 WITHIN THE PARTIES' DUTY TO BARGAIN UNDER THE STATUTE.  THE DISPUTE
 INVOLVED IN THE UNION'