09:0039(7)NG - AFGE Local 997 and Maxwell AFB, Montgomery, AL -- 1982 FLRAdec NG

 9 FLRA No. 7
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 997
 (Union)
 
 and
 
 MAXWELL AIR FORCE BASE,
 MONTGOMERY, ALABAMA
 (Activity)
 
                                            Case No. 0-NG-671
 
                   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 NEGOTIABILITY ISSUES FILED BY THE
 UNION.
 
    THE RECORD IN THIS CASE INDICATES THAT THE LOCAL PARTIES EXECUTED A
 COLLECTIVE BARGAINING AGREEMENT AND SUBMITTED IT TO THE AGENCY HEAD FOR
 REVIEW AND APPROVAL PURSUANT TO SECTION 7114(C) OF THE STATUTE. DURING
 SUCH REVIEW THE AGENCY DISAPPROVED CERTAIN PROVISIONS IN THE LOCAL
 PARTIES' AGREEMENT AS CONTRARY TO AGENCY REGULATION.  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 AND REGULATIONS (5 CFR 2424.1(A)(1982)), AS TO THE
 NEGOTIABILITY OF THE MATTER.  SUBSEQUENTLY, IN A LETTER DATED MAY 13,
 1982, THE AGENCY WITHDREW THE ALLEGATION OF NONNEGOTIABILITY.
 
    SINCE THE AGENCY HAS WITHDRAWN THE ALLEGATION OF NONNEGOTIABILITY,
 THERE IS NO LONGER AN ISSUE AS TO WHETHER THE PROVISIONS IN QUESTION IN
 THIS CASE ARE WITHIN THE PARTIES' DUTY TO BARGAIN UNDER THE STATUTE.
 THE DISPUTE INVOLVED IN THE UNION'S APPEAL THEREFORE 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., JUNE 4, 1982
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR