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 7 FLRA No. 126
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 1786
 (Union)
 
 and
 
 U.S. MARINE CORPS,
 MARINE CORPS DEVELOPMENT AND
 EDUCATION COMMAND,
 QUANTICO, VIRGINIA
 (Activity)
 
                                            Case No. O-NG-608
 
                          ORDER DISMISSING APPEAL
 
    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 INDICATES THAT DURING NEGOTIATIONS BETWEEN THE ACTIVITY
 AND THE UNION, THE ACTIVITY ALLEGED THAT UNION PROPOSALS CONCERNING
 LEAVE TIME FOR TEMPORARY AND INTERMITTENT EMPLOYEES WERE NONNEGOTIABLE.
 THE UNION THEN FILED THE INSTANT APPEAL WITH THE AUTHORITY.
 SUBSEQUENTLY, IN A STATEMENT FILED WITH THE AUTHORITY, 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    SINCE THE AGENCY HAS WITHDRAWN THE ALLEGATION CONCERNING THE UNION'S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,
 
    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., JANUARY 28, 1982
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR 
 
 
 

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