National Federation of Federal Employees, Local 1363 (Union) and Department of the U.S. Army, Headquarters, U.S. Army Garrison, Yongsan, Korea (Activity) 

 6 FLRA No. 11
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 1363
 (Union)
 
 and
 
 DEPARTMENT OF THE ARMY, HEADQUARTERS,
 U.S. ARMY GARRISON, YONGSAN, KOREA
 (Activity)
 
                                            Case No. O-NG-462
 
                          ORDER DISMISSING APPEAL
 
    THIS MATTER COMES BEFORE THE FEDERAL LABOR RELATIONS AUTHORITY
 PURSUANT TO SECTION 7105(A)(2)(E) OF THE FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C.  7101 ET SEQ. (SUPP.
 III(1979)).
 
    THE RECORD IN THIS CASE INDICATES THAT DURING NEGOTIATIONS OVER THE
 ACTIVITY'S ORIENTATION/RECRUITMENT BROCHURE, THE UNION PROPOSED TO
 INCLUDE IN THE BROCHURE SOME INFORMATION CONCERNING LOCAL UNION
 REPRESENTATION IN KOREA.  THE ACTIVITY ALLEGED THAT TO INCLUDE SUCH
 INFORMATION IN THE BROCHURE WOULD CONSTITUTE AN UNFAIR LABOR PRACTICE,
 UNDER SECTION 7116(A)(1), (2) AND (3) OF THE FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE.  THE UNION SOUGHT THE AUTHORITY'S
 DETERMINATION, PURSUANT TO SECTION 7117(A)(2) OF THE STATUTE AND SECTION
 2424.11 OF THE AUTHORITY'S RULES AND REGULATIONS (5 CFR 2424.11(1980)),
 AS TO THE NEGOTIABILITY OF THE PROPOSAL.  SUBSEQUENTLY, IN ITS STATEMENT
 FILED PURSUANT TO SECTION 2424.6 OF THE RULES AND REGULATIONS, THE
 AGENCY CLAIMED IT HAD NEVER INTENDED ITS POSITION TO BE INTERPRETED AS
 AN ALLEGATION OF NONNEGOTIABILITY.
 
    SINCE THE AGENCY HAS, IN EFFECT, WITHDRAWN THE ALLEGATION CONCERNING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 BEEN
 RENDERED MOOT.  ACCORDINGLY, IT IS HEREBY ORDERED THAT THE UNION'S
 PETITION FOR REVIEW BE, AND IT HEREBY IS, DISMISSED.
 
    FOR THE AUTHORITY.
 
    ISSUED, WASHINGTON, D.C., JUNE 10, 1981
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR