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 6 FLRA No. 53
 
 TIDEWATER VIRGINIA FEDERAL EMPLOYEES METAL
 TRADES COUNCIL, AFL-CIO
 (Union)
 
 and
 
 DEPARTMENT OF THE NAVY, NAVY PUBLIC WORKS CENTER,
 NORFOLK, VIRGINIA
 (Activity)
 
                                            Case No. O-NG-482
 
                   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. III
 (1979)).
 
    THE RECORD IN THIS CASE INDICATES THAT DURING NEGOTIATIONS BETWEEN
 THE ACTIVITY AND THE UNION, THE ACTIVITY ALLEGED, IN EFFECT, THAT,
 CONSISTENT WITH THE PROVISIONS OF 5 U.S.C. 7106(B)(1), IT ELECTED NOT TO
 BARGAIN ON THE UNION PROPOSAL CONCERNING BASIC WORKWEEK AND HOURS OF
 WORK.  THE UNION SOUGHT THE AUTHORITY'S DETERMINATION OF THE
 NEGOTIABILITY OF THE ISSUE PURSUANT TO SECTION 7117(A)(2) OF THE STATUTE
 AND SECTION 2424.11 OF THE AUTHORITY'S RULES OF PROCEDURE (5 C.F.R.
 2424.11(1980)).  SUBSEQUENTLY, IN ITS STATEMENT FILED PURSUANT TO
 SECTION 2424.6 OF THE RULES, 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    SINCE THE AGENCY HAS WITHDRAWN THE ALLEGATION CONCERNING THE UNION'S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,
 
    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., JULY 16, 1981
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR 
 
 
 

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