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28 FLRA NO. 46


FEDERAL UNION OF SCIENTISTS AND
ENGINEERS, NATIONAL ASSOCIATION OF
GOVERNMENT EMPLOYEES

              Union

    and

NAVAL UNDERWATER SYSTEMS CENTER

              Activity

Case No. 0-NG-1421

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 issue filed by the Union.

The record in this case indicates that by letter dated June 22, 1987, the Activity declared the Union's proposal concerning reduction-in-force appeals to be nonnegotiable. On June 26, 1987, 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 21, 1987, 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Since the Agency has withdrawn the allegation concerning the Union's proposal, there is no longer an issue as to whether the proposal is within the parties' duty to bargain under the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., July 31, 1987.

Harold D. Kessler
Director of Case Management

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