[ v06 p324 ]
06:0324(57)NG
The decision of the Authority follows:
6 FLRA No. 57 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 3792 (Union) and FEDERAL HOME LOAN BANK BOARD, CINCINNATI, OHIO (Activity) Case No. O-NG-484 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 THAT A UNION PROPOSAL CONCERNING COMMUTING PER DIEM TIME WAS INCONSISTENT WITH A FEDERAL HOME LOAN BANK BOARD REGULATION AND, IN EFFECT, THAT THE DUTY TO BARGAIN THEREFORE DID NOT EXTEND TO THE PROPOSAL. THE UNION THEN FILED THE INSTANT APPEAL WITH THE AUTHORITY, SEEKING A DETERMINATION, PURSUANT TO SECTION 7117(B) OF THE STATUTE AND SECTION 2424.1(A)(3) OF THE AUTHORITY'S RULES OF PROCEDURE (5 CFR 2424.1(A)(3) (1981)), AS TO WHETHER A COMPELLING NEED EXISTS FOR THE AGENCY REGULATION IN QUESTION. SUBSEQUENTLY, IN ITS STATEMENT FILED PURSUANT TO SECTION 2424.6 OF THE RULES (5 CFR 2424.6(1981)), THE AGENCY, IN EFFECT, WITHDREW THE 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 SINCE THE AGENCY HAS WITHDRAWN THE ALLEGATION CONCERNING THE UNION'S PROPOSAL, THERE IS NO LONGER AN ISSUE AS TO WHETHER THE PROPOSAL IN THIS CASE IS WITHIN THE PARTIES' DUTY TO BARGAIN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 23, 1981 JAMES J. SHEPARD, EXECUTIVE DIRECTOR