Tidewater Virginia Federal Employees Metal Trades Council (Union) and Norfolk Naval Shipyard (Activity)

 7 FLRA No. 31
 
 TIDEWATER VIRGINIA FEDERAL EMPLOYEES
 METAL TRADES COUNCIL
 (Union)
 
 and
 
 NORFOLK NAVAL SHIPYARD
 (Activity)
 
                                            Case No. O-NG-538
 
                   ORDER DISMISSING NEGOTIABILITY APPEAL
 
    THIS CASE IS 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.) ON A PETITION FOR REVIEW OF A
 NEGOTIABILITY ISSUE FILED BY THE UNION.
 
    THE RECORD IN THIS CASE INDICATES THAT DURING NEGOTIATIONS THE
 ACTIVITY ALLEGED THAT THE DUTY TO BARGAIN DOES NOT EXTEND TO A UNION
 PROPOSAL CONCERNING REIMBURSEMENT FOR PURCHASES OF SAFETY SHOES
 BECAUSE
 THE PROPOSAL CONFLICTS WITH A NAVY REGULATION.  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(B)(3) OF THE
 AUTHORITY'S RULES OF PROCEDURE (5 CFR 2424.1(B)(3)(1981)), AS TO WHETHER
 A COMPELLING NEED EXISTS FOR THE AGENCY REGULATION IN QUESTION.
 SUBSEQUENTLY, IN ITS STATEMENT OF POSITION FILED PURSUANT TO SECTION
 2424.6 OF THE RULES, THE AGENCY IN EFFECT WITHDREW THE ACTIVITY'S
 ALLEGATION THAT THE DUTY TO BARGAIN IN GOOD FAITH DOES NOT EXTEND TO THE
 UNION PROPOSAL.
 
    BASED ON THE AGENCY'S WITHDRAWAL OF ITS ALLEGATION THAT THE UNION'S
 PROPOSAL IS NOT WITHIN THE DUTY TO BARGAIN IN GOOD FAITH UNDER THE
 STATUTE, THE CASE BEFORE THE AUTHORITY 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., NOVEMBER 13, 1981
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR