23:0328(42)NG - IAM Lodge 2424 and Army, Aberdeen Proving Ground, MD -- 1986 FLRAdec NG
[ v23 p328 ]
23:0328(42)NG
The decision of the Authority follows:
23 FLRA No. 42 INTERNATIONAL ASSOCIATIONS OF MACHINISTS AND AEROSPACE WORKERS, LODGE 2424 Union and DEPARTMENT OF THE ARMY ABERDEEN PROVING GROUND, MARYLAND Agency Case No. 0-NG-1295 ORDER DISMISSING PETITION FOR REVIEW This case is before the Authority pursuant to section 7105(a)(2)(E) of the Federal Service Labor-Management Relations Statute on a petition for review of a negotiability issued filed by the Union. The record in this case indicates that by letter dated June 20, 1986, the Activity declared the Union's proposal concerning Mutual Rights and Obligations to be nonnegotiable. On July 7, 1986, pursuant to section 7117 of the Statute and section 2424.1 of the Authority's Rules and Regulations, the Union filed a petition for review as to whether the disputed proposal was within the duty to bargain. Subsequently, in a letter dated July 16, 1986, the Agency 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 Since the Agency has withdrawn the allegation concerning the Union's proposal, there is no longer an issue as to whether the proposal is within the parties' duty to bargain under the Statute. Accordingly, and apart from other considerations, the petition for review in this case is hereby dismissed. For the Authority Issued, Washington, D.C., August 27, 1986. /s/ Harold D. Kessler Director of Case Management