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10:0009(2)AR - NTEU and Treasury, IRS, Ogden Service Center, Ogden, UT -- 1982 FLRAdec AR



[ v10 p9 ]
10:0009(2)AR
The decision of the Authority follows:


 10 FLRA No. 2
 
 NATIONAL TREASURY EMPLOYEES UNION
 (Union)
 
 and
 
 DEPARTMENT OF THE TREASURY,
 INTERNAL REVENUE SERVICE,
 OGDEN SERVICE CENTER, OGDEN, UTAH
 (Activity)
 
                                            Case No. O-NG-714
 
                   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 AND SECTION
 2424.3 OF THE AUTHORITY'S RULES AND REGULATIONS ON A PETITION FOR REVIEW
 OF A NEGOTIABILITY ISSUES FILED BY THE UNION.
 
    THE RECORD IN THIS CASE INDICATES THAT DURING NEGOTIATIONS BETWEEN
 THE ACTIVITY AND THE UNION, THE ACTIVITY ALLEGED THAT PROPOSALS
 CONCERNING SHIFTS AND TOURS OF DUTY IN THE ACTIVITY'S ADJUSTMENTS BRANCH
 WERE NONNEGOTIABLE BECAUSE THEY WOULD CONFLICT WITH MANAGEMENT'S RIGHTS
 UNDER SECTION 7106(B)(1) TO DETERMINE THE METHODS AND MEANS BY WHICH
 WORK IS PERFORMED.  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,
 AS TO THE NEGOTIABILITY OF THE MATTER.  SUBSEQUENTLY, IN A LETTER DATED
 AUGUST 18, 1982, THE AGENCY WITHDREW THE ALLEGATION OF NONNEGOTIABILITY.
 
    SINCE THE AGENCY HAS WITHDRAWN THE ALLEGATION CONCERNING THE UNION'S
 PROPOSALS, THERE IS NO LONGER AN ISSUE AS TO WHETHER THE PROPOSALS 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., SEPTEMBER 2, 1982
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR