National Federation of Federal Employees, Local 29 (Union) and Department of the Army, U.S. Army Engineer District, Kansas City, Missouri (Activity) 

 7 FLRA No. 81
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 29
 (Union)
 
 and
 
 DEPARTMENT OF THE ARMY,
 U.S. ARMY ENGINEER DISTRICT,
 KANSAS CITY, MISSOURI
 (Activity)
 
                                            Case No. O-NG-527
 
                   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 (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 BETWEEN
 THE ACTIVITY AND THE UNION, THE ACTIVITY ALLEGED THAT A PROPOSAL ON
 PERFORMANCE STANDARDS WAS NONNEGOTIABLE BECAUSE IT WOULD CONFLICT WITH
 MANAGEMENT'S RIGHTS TO DIRECT EMPLOYEES AND TO ASSIGN WORK UNDER SECTION
 7106(A)(2)(A) AND (B).  THE UNION THEN FILED THE INSTANT APPEAL WITH THE
 AUTHORITY SEEKING A DETERMINATION, PURSUANT TO SECTION 7117(C)(1) OF THE
 STATUTE AND SECTION 2424.1(A) OF THE AUTHORITY'S RULES OF PROCEDURE (5
 CFR 2424.1(A)(1981)), AS TO THE NEGOTIABILITY OF THE MATTER.
 SUBSEQUENTLY, IN A LETTER DATED SEPTEMBER 29, 1981, THE AGENCY WITHDREW
 THE ACTIVITY'S 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    SINCE THE AGENCY HAS WITHDRAWN THE ALLEGATION CONCERNING THE UNION'S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 THERFORE HAS BEEN RENDERED MOOT.
 
    ACCORDINGLY, FOR THE REASONS STATED HEREIN, AND APART FROM OTHER
 CONSIDERATIONS,
 
    IT IS HEREBY ORDERED THAT THE INSTANT APPEAL BE, AND IT HEREBY IS,
 DISMISSED.
 
    FOR THE AUTHORITY.
 
    ISSUED, WASHINGTON, D.C., DECEMBER 31, 1981
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR