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 1 FLRA No. 39
                                            MAY 10, 1979
 
 MR. RONALD D. KING, DIRECTOR
 CONTRACT AND APPEALS DIVISION
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO
 1325 MASSACHUSETTS AVENUE, N.W.
 WASHINGTON, D.C.  20005
 
                            RE:  AMERICAN FEDERATION OF GOVERNMENT 
                                 EMPLOYEES, AFL-CIO, LOCAL 695 AND 
                                 DEPARTMENT OF THE TREASURY, U.S. 
                                 MINT, DENVER, COLORADO, Case No. 
                                 0-NG-26
 
 DEAR MR. KING:
 
    THIS REFERS TO YOUR PETITION FOR REVIEW OF THE AGENCY HEAD'S
 DETERMINATION OF NONNEGOTIABILITY IN THE ABOVE-ENTITLED CASE, FILED WITH
 THE AUTHORITY ON MARCH 28, 1979.
 
    THE DISPUTE, AS PRESENTED IN YOUR APPEAL, CONCERNS THE NEGOTIABILITY
 OF THE UNION'S PROPOSALS UNDER THE PROVISIONS OF EXECUTIVE ORDER 11491,
 AS AMENDED.  EXECUTIVE ORDER 11491 IS, HOWEVER, NO LONGER IN EFFECT,
 HAVING BEEN SUPERSEDED BY THE NEW FEDERAL SERVICE LABOR-MANAGEMENT
 RELATIONS STATUTE (92 STAT. 1191), WHICH BECAME EFFECTIVE JANUARY 11,
 1979, AND WHICH GOVERNS THE RESOLUTION OF NEGOTIABILITY DISPUTES SUCH AS
 ARE INVOLVED IN YOUR APPEAL.  IN THIS REGARD, NEITHER YOUR PETITION FOR
 REVIEW NOR THE AGENCY HEAD'S DETERMINATION OF NONNEGOTIABILITY ADDRESSES
 THE APPLICABILITY OF THE STATUTE TO THE DISPUTED PROPOSALS.
 
    ACCORDINGLY, YOUR PETITION FOR REVIEW OF A NEGOTIABILITY DISPUTE
 UNDER EXECUTIVE ORDER 11491 IS DISMISSED AS MOOT WITHOUT PASSING UPON
 THE MERITS OF YOUR APPEAL AND WITHOUT PREJUDICE TO YOUR SUBMISSION OF
 THE DISPUTE TO THE AUTHORITY IN CONFORMANCE WITH THE PROVISIONS OF THE
 STATUTE AND THE REGULATIONS OF THE AUTHORITY ISSUED THEREUNDER.
 
    BY THE AUTHORITY.
 
                                SINCERELY,
 
                             HAROLD D. KESSLER
 
                         DEPUTY EXECUTIVE DIRECTOR
 
    CC:  S. HACKEL
 
    TREASURY
 
 
 

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