10:0209(41)NG - NAGE Local R1-144 and Naval Underwater Systems Center, HQ, Newport, RI -- 1982 FLRAdec NG

 10 FLRA No. 41
 
 NATIONAL ASSOCIATION OF GOVERNMENT
 EMPLOYEES, LOCAL R1-144
 (Union)
 
 and
 
 NAVAL UNDERWATER SYSTEMS CENTER,
 HEADQUARTERS, NEWPORT, RHODE ISLAND
 (Activity)
 
                                            Case No. O-NG-710
 
                   ORDER DISMISSING PETITION FOR REVIEW
 
    THIS CASE IS BEFORE THE AUTHORITY PURSUANT TO SECTION 7105(A)(2)(D)
 OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE ON A PETITION
 FOR REVIEW OF A NEGOTIABILITY ISSUE FILED BY THE UNION.
 
    THE RECORD BEFORE THE AUTHORITY IN THIS CASE INDICATES THAT DURING
 NEGOTIATIONS BETWEEN THE ACTIVITY AND THE UNION, THE ACTIVITY ALLEGED
 THAT THE UNION'S PROPOSAL ON THE PERFORMANCE APPRAISAL PLAN FOR GRADES
 GS-13 THROUGH GS-15 WAS NONNEGOTIABLE BECAUSE IT WAS INCONSISTENT WITH A
 DEPARTMENT OF THE NAVY REGULATION.  THE UNION THEN FILED THE INSTANT
 PETITION FOR REVIEW WITH THE AUTHORITY SEEKING A DETERMINATION, PURSUANT
 TO SECTION 7117(B) 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 SEPTEMBER 9, 1982, 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    SINCE THE AGENCY HAS WITHDRAWN THE ALLEGATION CONCERNING THE UNION'S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 THEREFORE HAS BEEN RENDERED MOOT.
 
    ACCORDINGLY, AND APART FROM OTHER CONSIDERATIONS,
 
    IT IS HEREBY ORDERED THAT THE INSTANT PETITION FOR REVIEW BE, AND IT
 HEREBY IS, DISMISSED.
 
    FOR THE AUTHORITY.
 
    ISSUED, WASHINGTON, D.C., SEPTEMBER 30, 1982
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR