16:0135(24)NG - NFFE Local 1363 and Army, Forces Korea, Eighth Army Garrison, Yongsan, Korea -- 1984 FLRAdec NG



[ v16 p135 ]
16:0135(24)NG
The decision of the Authority follows:


 16 FLRA No. 24
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 1363
 Union
 
 and
 
 U.S. ARMY, U.S. FORCES KOREA,
 EIGHTH ARMY GARRISON, YOUNGSAN, KOREA
 Activity
 
                                            Case No. O-NG-1018
 
                   ORDER DISMISSING PETITION FOR REVIEW
 
    This case is before the Authority pursuant to section 7105(a)(2)(E)
 of the Federal Service Labor-Management Relations Statute and Part 2424
 of the Authority's Rules and Regulations on a petition for review of a
 negotiability issue filed by the Union.  For the reasons stated below,
 the Union's petition for review must be dismissed.
 
    The record before the Authority in this case indicates that a dispute
 arose between the parties during negotiations over implementation of an
 Activity policy directive concerning the use of privately owned firearms
 during a Presidential visit to Korea.  The Activity informed the Union
 that it intended to prohibit removal of personal firearms from
 nonappropriated fund rod and gun clubs and U.S. Forces Korea unit arms
 rooms between November 11 and 15, 1983, the period during which the
 President of the United States would be visiting in Korea.  The Union
 submitted a proposal essentially seeking to limit the prohibition to the
 cities and areas which would actually be visited by the President and
 seeking monetary compensation for employees affected by the prohibition.
  The Union requested the Activity's allegation in writing as to the
 negotiability of the disputed proposal.  The Activity, however, did not
 respond to the Union's request.  The Union then filed the instant
 petition for review with the Authority pursuant to section 2424.3 of the
 Authority's Regulations.
 
    In its statement of position, the Department of the Army informed the
 Authority that the specific prohibition on the use of firearms which
 gave rise to the dispute had been implemented and had ended, and
 contends, among other things, that since the proposal at issue in this
 case concerns only a past event, it has been rendered moot.
 
    Upon careful consideration of the submissions of the parties, it has
 been determined that since the prohibition described above has been
 implemented and has ended, the instant negotiability dispute has been
 rendered moot.  Further, to decide the issue presented in the instant
 case under the circumstances described would be tantamount to issuing an
 advisory opinion, which is precluded by section 2429.10 of the
 Authority's Rules and Regulations.
 
    Accordingly, and apart from other consideration, the Union's petition
 for review is hereby dismissed.