15:0095(18)NG - AFGE Local 1482 and Marine Corps, Marine Corps Logistics Base, Barstow, CA -- 1984 FLRAdec NG

 15 FLRA No. 18
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 1482, AFL-CIO
 Union
 
 and
 
 U.S. MARINE CORPS,
 MARINE CORPS LOGISTICS BASE,
 BARSTOW, CALIFORNIA
 Agency
 
                                            Case No. O-NG-947
 
                   ORDER DISMISSING PETITION FOR REVIEW
 
    This matter is before the Federal Labor Relations Authority pursuant
 to section 7105(a)(2)(D) of the Federal Service Labor-Management
 Relations Statute on a petition for review of a negotiability issue
 filed by the Union.  For the reason indicated below, the Union's
 petition for review must be dismissed.
 
    From the submissions of the parties in the record before the
 Authority, it appears that on or about November 2, 1983, the Union
 received a copy of a proposed change to Base Order P5500.2C, Ch. 8
 concerning the mandatory use of seat belts by civilian employees while
 driving on the base.  The Union requested to negotiate the need for the
 proposed change, as well as its impact and implementation.  According to
 the Agency, the parties met on January 30, 1984, and negotiated and
 executed a Memorandum of Understanding covering the disputed proposal.
 By letter dated January 27, 1984, and filed with the Authority on
 February 3, 1984, the Union sought the Authority's determination as to
 whether a compelling need exists for the regulation in question.
 
    In its statement of position, the Agency contends that the parties'
 Memorandum of Understanding has rendered the instant case moot.  The
 Union has not responded to the Agency's statement of position.
 
    Under these circumstances, that is, that the Agency contends without
 refutation by the Union that mutual agreement was reached on the matter
 which is the subject of the instant appeal, it is concluded that there
 is no longer an issue as to whether the Union's proposal is within the
 parties' duty to bargain under the Statute.  Thus, this case has been
 rendered moot.
 
    Accordingly, and apart from other considerations, the Union's
 petition for review is hereby dismissed.
 
    For the Authority.
 
    Issued, Washington, D.C., June 13, 1984
                                       Harold D. Kessler, Director, Case
                                       Management
                                       (MOTION FOR RECONSIDERATION OF 13
                                       FLRA No. 119)
 
    OVERSEAS FEDERATION OF TEACHERS
 
                                   Union
 
    and
 
    DEPARTMENT OF DEFENSE DEPENDENTS
 
    SCHOOLS, MEDITERRANEAN REGION
 
                                 Activity
                                       Case No. O-NG-937
                                       (13 FLRA No. 119)
 
                 ORDER DENYING MOTION FOR RECONSIDERATION
 
    This case is before the Authority on a motion for reconsideration
 filed by the Union on March 27, 1984, seeking reconsideration of the
 Authority's Order of January 31, 1984, dismissing the Union's petition
 for review.
 
    Section 2429.17 of the Authority's Rules and Regulations, effective
 September 10, 1981, provides in pertinent part:
 
          2429.17 Reconsideration
 
          After a final decision or order of the Authority has been
       issued, a party to the proceeding before the Authority who can
       establish in its moving papers extraordinary circumstances for so
       doing, may move for reconsideration of such final decision or
       order.  The motion shall be filed within 10 days after service of
       the Authority's decision or order . . . .
 
    The Authority's Order was dated and served on the Union's
 representative in Washington, D.C. by mail on January 31, 1984.
 Therefore, under section 2429.17 of the Authority's Rules and
 Regulations, and sections 2429.21 and 2429.22, which are also applicable
 to the computation of the time limit here involved, the Union's motion
 for reconsideration was due in the national office of the Authority
 before the close of business on February 15, 1984.  Since, as indicated
 above, the Union's motion was not filed until March 27, 1984, it is
 clearly untimely and must be denied.
 
    Accordingly, the Union's motion for reconsideration is hereby denied.
 
    For the Authority.
 
    Issued, Washington, D.C., June 13, 1984
                                       Harold D. Kessler, Director, Case
                                       Management