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 7 FLRA No. 72
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES,
 AFL-CIO, LOCAL 1482
 (Union)
 
 and
 
 MARINE CORPS LOGISTICS
 BASE, BARSTOW, CALIFORNIA
 (Activity)
 
                                            Case No. 0-NG-563
 
                          ORDER DISMISSING APPEAL
 
    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.)
 
    THE RECORD IN THIS CASE INDICATES THAT DURING NEGOTIATIONS BETWEEN
 THE ACTIVITY AND THE UNION, THE ACTIVITY ALLEGED THAT A UNION PROPOSAL
 CONCERNING THE LICENSING OF MOTORCYCLES WAS NONNEGOTIABLE.  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 OF
 PROCEDURE (5 CFR 2424.1(B)(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, THE AGENCY, IN
 EFFECT, 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    SINCE THE AGENCY HAS WITHDRAWN THE ALLEGATION CONCERNING THE UNION'S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., DECEMBER 31, 1981
 
                      HAROLD T. KESSLER
                      FOR JAMES J. SHEPARD, EXECUTIVE DIRECTOR 
 
 
 

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