18:0071(11)NG - Hawaii FEMT Council and Pearl Harbor Naval Shipyard -- 1985 FLRAdec NG

 18 FLRA No. 11
 
 HAWAII FEDERAL EMPLOYEES METAL 
 TRADES COUNCIL, AFL-CIO 
 Union 
 
 and
 
 PEARL HARBOR NAVAL SHIPYARD 
 Activity
 
                                            Case No. 0-NG-1110
 
                   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 on a petition
 for review of negotiability issues filed by the Union.
 
    The record before the Authority in this case indicates that during
 the course of negotiations, the Union submitted a proposal concerning
 the proposed closure hours for the Avenue "G" gate.  By letter dated
 February 26, 1985, the Activity declared the Union's proposal to be
 nonnegotiable.  The Union then filed the instant petition for review
 with the Authority pursuant to section 2424.3 of the Authority's Rules
 and Regulations, as to whether the disputed proposal was within the duty
 to bargain.  Subsequently in a letter to the Authority dated April 25,
 1985, the Agency withdrew the Activity's allegation of nonnegotiability.
 
    Since the Agency has withdrawn the allegation of nonnegotiability
 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.
 
    Accordingly, and apart from other considerations, the petition for
 review in this case is hereby dismissed.  For the Authority.  Issued,
 Washington, D.C., May 16, 1985
                                       Harold D. Kessler
                                       Managing Director for Case
                                       Processing