[ v23 p679 ]
23:0679(90)NG
The decision of the Authority follows:
23 FLRA No. 90 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, COUNCIL OF LOCALS NO. 214 Union and DEPARTMENT OF THE AIR FORCE AIR FORCE LOGISTICS COMMAND WRIGHT-PATTERSON AIR FORCE BASE OHIO Agency Case No. 0-NG-1002 19 FLRA No. 23 ORDER DISMISSING PETITION FOR REVIEW This case is before the Authority pursuant to a remand from the United States Court of Appeals for the District of Columbia Circuit. AFGE, AFL-CIO, Council of Locals No. 214 v. FLRA, No. 85-1500 (D.C. Cir. August 26, 1986), reversing and remanding the Authority's decision in American Federation of Government Employees, AFL-CIO, National Council Locals No. 214 and Department of the Air Force, Air Force Logistics Command, Wright-Patterson Air Force Base, Ohio, 19 FLRA No. 23 (July 22, 1985). On October 15, 1986, the Agency noting that the Air Force Logistics Command and AFGE Council No. 214 have signed a Memorandum of Agreement finalizing their renegotiated Master Labor Agreement, filed a request with the Authority asking to withdraw its allegation of nonnegotiability. Inasmuch as the Agency has withdrawn its allegation of nonnegotiability concerning the Union's proposal, there is no longer an issue as to whether the proposal in this case is within the parties'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. See e.g. International Association of Machinists and Aerospace Workers, Lodge 2424 and Department of the Army, Aberdeen Proving Ground, Maryland, 23 FLRA No. 42 (1986); and American Federation of Government Employees, AFL-CIO, Local 1900 and Department of the Army, Headquarters, Fort Devens, Massachusetts, 21 FLRA No. 116 (1986). Moreover, the Authority has been advised telephonically by AFGE that no issue in the case remains outstanding as the parties have signed a Memorandum of Agreement which: (1) incorporates into their renegotiated Master Labor Agreement the proposal which had been at issue in AFGE's petition for review; (2) and resolves all other related issues. Accordingly, and apart from other considerations, the petition for review in this case is hereby dismissed. For the Authority. Issued, Washington, D.C., October 24, 1986 /s/ Harold D. Kessler Director of Case Management