30:1100(120)NG - IFPTE Local 25 and DOD, Navy, Mare Island Naval Shipyard, Vallejo, CA -- 1988 FLRAdec NG

 30 FLRA NO. 120
 30 FLRA 1100

28 JAN 1988

INTERNATIONAL FEDERATION OF
PROFESSIONAL AND TECHNICAL
ENGINEERS, LOCAL 25, AFL-CIO

                  Union

         and

DEPARTMENT OF DEFENSE, DEPARTMENT
OF THE NAVY, MARE ISLAND NAVAL
SHIPYARD, VALLEJO, CALIFORNIA

                  Activity

Case No. O-NG-1494

ORDER DISMISSING PETITION FOR REVIEW

     This case is before the Authority pursuant to 5 U.S.C. 7105
(a)(2)(E) on a petition for review of a negotiability issue filed
by the Union.

     The record in this case indicates that by letter dated
November 25, 1987, the local Activity declared the Union's
proposal concerning additional special pay for certain
professionals to be nonnegotiable as inconsistent with
management's right under 5 U.S.C. 7106(a)(2)(B) to assign work.
On December 9, 1987, pursuant to 5 U.S.C. 7117 and 5 C.F.R.
2424.1 and 2424.3, the Union filed a petition for review with the
Authority for a ruling on whether the disputed proposal was
within the duty to bargain.

     By letter dated January 26, 1988, the parent Agency, the
Department of the Navy in conjunction with the Department of
Defense, filed a request with the Authority asking to withdraw
the allegation of nonnegotiability. Therefore, there is no longer
an issue before the Authority whether the proposal in this case
is within the parties' duty to bargain under the Federal Service
Labor - Management Relations Statute. 

     Accordingly, and apart from other considerations, the
petition for review in this case is hereby dismissed.

     For the Authority.

     Issued, Washington, D.C. January 28, 1988

Jacqueline R. Bradley
Executive Director