American Federation of Government Employees, AFL-CIO, Local 3792 (Union) and Federal Home Loan Bank Board, Cincinnati, Ohio (Activity)  

 6 FLRA No. 57
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, AFL-CIO,
 LOCAL 3792
 (Union)
 
 and
 
 FEDERAL HOME LOAN BANK BOARD,
 CINCINNATI, OHIO
 (Activity)
 
                                            Case No. O-NG-484
 
                   ORDER DISMISSING PETITION FOR REVIEW
 
    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 BETWEEN
 THE ACTIVITY AND THE UNION, THE ACTIVITY ALLEGED THAT A UNION PROPOSAL
 CONCERNING COMMUTING PER DIEM TIME WAS INCONSISTENT WITH A FEDERAL HOME
 LOAN BANK BOARD REGULATION AND, IN EFFECT, THAT THE DUTY TO BARGAIN
 THEREFORE DID NOT EXTEND TO THE PROPOSAL.  THE UNION THEN FILED THE
 INSTANT APPEAL WITH THE AUTHORITY, SEEKING A DETERMINATION, PURSUANT TO
 SECTION 7117(B) OF THE STATUTE AND SECTION 2424.1(A)(3) OF THE
 AUTHORITY'S RULES OF PROCEDURE (5 CFR 2424.1(A)(3) (1981)), AS TO
 WHETHER A COMPELLING NEED EXISTS FOR THE AGENCY REGULATION IN QUESTION.
 SUBSEQUENTLY, IN ITS STATEMENT FILED PURSUANT TO SECTION 2424.6 OF THE
 RULES (5 CFR 2424.6(1981)), THE AGENCY, IN EFFECT, WITHDREW THE
 ALLEGATION OF NONNEGOTIABILITY.
 
    SINCE THE AGENCY HAS WITHDRAWN THE ALLEGATION CONCERNING THE UNION'S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 HEREIN BE,
 AND IT HEREBY IS, DISMISSED.
 
    FOR THE AUTHORITY.
 
    ISSUED, WASHINGTON, D.C., JULY 23, 1981
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR