Federal Employees Metal Trades Council, AFL-CIO (Union) and Department of the Navy, Mare Island Naval Shipyard (Agency)

 7 FLRA No. 108
 
 FEDERAL EMPLOYEES METAL
 TRADES COUNCIL, AFL-CIO
 Union
 
 and
 
 DEPARTMENT OF THE NAVY,
 MARE ISLAND NAVAL SHIPYARD
 Agency
 
                                            Case No. O-NG-495
 
                   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 (THE STATUTE).
 
    THE RECORD INDICATES THAT A DISPUTE AROSE DURING NEGOTIATIONS
 CONCERNING MANAGEMENT'S PLANNED SHUTDOWN OF THE SHIPYARD OVER CERTAIN
 TIME PERIODS.  THE AGENCY ALLEGED THAT THE UNION'S PROPOSAL FOR USE OF
 ADMINISTRATIVE LEAVE DURING THE SHUTDOWN PERIOD WAS NONNEGOTIABLE.  THE
 UNION THEN FILED THE INSTANT APPEAL WITH THE AUTHORITY.
 
    ACCORDING TO THE AGENCY, THE PARTIES CONTINUED BARGAINING AND
 SUBSEQUENTLY REACHED AGREEMENT ON A PROPOSAL RELATING TO A SHIPYARD
 SHUTDOWN AND THE USE OF LEAVE THEREFOR.  THE AGENCY CONTENDS THAT THIS
 AGREEMENT WAS EMBODIED IN AN ADMINISTRATIVE NOTICE AND TAKES THE
 POSITION THAT THE PARTIES' AGREEMENT RENDERS THE INSTANT CASE MOOT.  THE
 UNION HAS NOT RESPONDED TO THE AGENCY'S STATEMENT OF POSITION.
 
    UNDER THESE CIRCUMSTANCES, THAT IS, THAT THE AGENCY CONTENDS WITHOUT
 REFUTATION BY THE UNION THAT MUTUAL AGREEMENT WAS REACHED ON THE MATTER
 WHICH IS THE SUBJECT OF THE INSTANT APPEAL, IT IS CONCLUDED THAT THERE
 IS NO LONGER AN ISSUE AS TO WHETHER THE UNION'S PROPOSAL IS WITHIN THE
 PARTIES' DUTY TO BARGAIN UNDER THE STATUTE.  THUS, THIS CASE HAS BEEN
 RENDERED MOOT.  /1/
 
    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., JANUARY 15, 1982
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR
 
 
 
 
 
 --------------- FOOTNOTES: ---------------
 
 
    /1/ SEE FEDERAL UNION OF SCIENTISTS AND ENGINEERS, NATIONAL
 ASSOCIATION OF GOVERNMENT EMPLOYEES, LOCAL R1-144 AND NAVAL UNDERWATER
 SYSTEMS CENTER, NEWPORT NAVAL BASE, NEWPORT, RHODE ISLAND, 3 FLRA NO.
 24(1980);  AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2
 AND DEPARTMENT OF THE ARMY, HARRY DIAMOND LABORATORIES, ADELPHI,
 MARYLAND, 5 FLRA NO.  13(1981);  AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 3792 AND FEDERAL HOME LOAN BANK BOARD,
 CINCINNATI, OHIO, 6 FLRA NO. 57(1981).