[ v16 p26 ]
16:0026(3)NG
The decision of the Authority follows:
16 FLRA No. 3 NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 1363 Union and HEADQUARTERS, U.S. ARMY GARRISON, YONGSAN, KOREA Activity Case No. O-NG-347 ORDER DISMISSING PETITION FOR REVIEW This matter is before the Authority at this time pursuant to section 7105(a)(2)(E) of the Federal Service Labor-Management Relations Statute and part 2424 of the Authority's Rules and Regulations on a petition for review of negotiability issues filed by the Union. For the reasons stated below, it has been determined that the Union's petition for review must be dismissed. From the submission of the parties, it appears the Activity alleged that the duty to bargain did not extend to the Union's proposals concerning ration control and the disposal of duty-free goods. The Union also filed an unfair labor practice charge with the Authority's Regional Office charging that the Activity had committed an unfair labor practice by allegedly implementing the rationing control regulation without negotiating with the Union. Subsequently, a settlement agreement was executed establishing procedures for the parties to discuss ration control and the disposal of duty-free goods. The Union and the Agency agree that the settlement agreement has resolved the negotiability issues presented in this case. Upon careful consideration of the submissions of the parties, it has been determined that based on the settlement agreement between the parties, there is no longer an issue as to whether the Union's proposals are 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., September 11, 1984 (s) Jan K. Bohren Jan K. Bohren Executive Director/Administrator