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 8 FLRA No. 80
 
 NATIONAL ASSOCIATION OF GOVERNMENT
 EMPLOYEES, LOCAL R12-35
 (Union)
 
 and
 
 NAVY PUBLIC WORKS CENTER,
 SAN DIEGO, CALIFORNIA
 (Activity)
 
                                            Case No. O-NG-646
 
                   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 (5 U.S.C. 7101
 ET SEQ.) ON A PETITION FOR REVIEW OF A NEGOTIABILITY ISSUE FILED BY THE
 UNION.
 
    THE RECORD IN THIS CASE INDICATES THAT THE ACTIVITY ALLEGED A UNION
 PROPOSAL CONCERNING TEMPORARY PROMOTIONS TO SUPERVISORY POSITIONS WAS
 NONNEGOTIABLE BECAUSE IT CONFLICTED WITH A DEPARTMENT OF THE NAVY
 REGULATION.  THE UNION SOUGHT THE AUTHORITY'S DETERMINATION, PURSUANT TO
 SECTION 7117(A)(2) OF THE STATUTE AND SECTION 2424.1(B)(3) OF THE
 AUTHORITY'S RULES AND REGULATIONS (5 CFR 2424.1(B)(3)(1981)), AS TO
 WHETHER A COMPELLING NEED EXISTS FOR THE AGENCY REGULATION IN QUESTION.
 SUBSEQUENTLY, IN A LETTER DATED APRIL 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    SINCE THE AGENCY HAS WITHDRAWN THE ALLEGATION CONCERNING THE UNION'S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 THERFORE 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., APRIL 22, 1982
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR 
 
 
 

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