National Association of Government Employees, Local R12-40 (Union) and Naval Ship Weapon Systems Engineering Station, Port Hueneme, California (Activity)  

 4 FLRA No. 55
 
 NATIONAL ASSOCIATION OF
 GOVERNMENT EMPLOYEES, LOCAL R12-40
 (Union)
 
 and
 
 NAVAL SHIP WEAPON SYSTEMS
 ENGINEERING STATION, PORT
 HUENEME, CALIFORNIA
 (Activity)
 
                                            Case No. O-NG-334
 
                   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 (5 U.S.C.  7101 ET SEQ.  (SUPP. II
 (1978)).
 
    THE RECORD IN THIS CASE INDICATES THAT DURING NEGOTIATIONS BETWEEN
 THE ACTIVITY AND THE UNION, THE ACTIVITY ALLEGED THAT A UNION PROPOSAL
 CONCERNING THE ACTIVITY'S SUBSIDIZATION OF APPROVED SAFETY SHOES
 INTERFERED WITH THE ACTIVITY'S RESERVED RIGHT TO PRESCRIBED THE
 TECHNOLOGY, METHODS, AND MEANS OF PERFORMING WORK UNDER SECTION
 7106(B)(1) OF THE STATUTE AND, IN EFFECT, THAT THE DUTY TO BARGAIN DID
 NOT EXTEND TO THE PROPOSAL.  THE UNION SOUGHT THE AUTHORITY'S
 DETERMINATION, PURSUANT TO SECTION 7117(C)(1) OF THE STATUTE AND PART
 2424 OF THE AUTHORITY'S RULES OF PROCEDURE (5 C.F.R. PART 2424(1980)),
 AS TO WHETHER THE ACTIVITY HAD A DUTY TO BARGAIN UNDER THE STATUTE OVER
 THE DISPUTED PROPOSAL. SUBSEQUENTLY, IN ITS STATEMENT FILED PURSUANT TO
 SECTION 2424.6 OF THE RULES (5 C.F.R. 2424.6(1980)), THE AGENCY WITHDREW
 THE ALLEGATION OF NONNEGOTIABILITY.
 
    SINCE THE AGENCY HAS WITHDRAWN THE ALLEGATION CONCERNING THE UNION'S
 PROPOSAL IN THIS CASE, THERE IS NO LONGER AN ISSUE AS TO WHETHER THE
 PROPOSAL IS WITHIN THE PARTIES' DUTY TO BARGAIN UNDER THE STATUTE.  THE
 DISPUTE INVOLVED IN THE UNION'S APPEAL THEREFORE HAS BEEN RENDERED MOOT.
 ACCORDINGLY,
 
    IT IS HEREBY ORDERED THAT THE UNION'S PETITION FOR REVIEW HEREIN BE,
 AND IT HEREBY IS, DISMISSED.
 
    FOR THE AUTHORITY.
 
    ISSUED, WASHINGTON, D.C., SEPTEMBER 30, 1980
 
               HAROLD D. KESSLER, ACTING EXECUTIVE DIRECTOR
 
                          CERTIFICATE OF SERVICE
 
    COPIES OF THE AUTHORITY'S ORDER DATED SEPTEMBER 30, 1980, IN THE
 INSTANT CASE, SENT TO THE FOLLOWING:
 
    MR. D. A. DECKER
 
    PRESIDENT, LOCAL R12-40
 
    NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES
 
    P.O. BOX 912
 
    PORT HUENEME, CALIFORNIA 93041
 
    MR. DAVID H. GREEN, DIRECTOR
 
    LABOR-MANAGEMENT RELATIONS
 
    DEPARTMENT OF DEFENSE
 
    OASD (MRA&L)
 
    THE PENTAGON, ROOM 3D264
 
    WASHINGTON, D.C.  20301
 
                              MR. E. W. HAYS
 
    COMMANDING OFFICER
 
    NAVAL SHIP WEAPON SYSTEMS ENGINEERING STATION
 
    PORT HUENEME, CALIFORNIA 93043