31:0692(41)NG - NAGE local R5-168 and Army, HQ, 5th Infantry Division (Mechanized) and Fort Polk, Fort Polk, LA -- 1988 FLRAdec NG

31 FLRA NO. 41

NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES, LOCAL R5-168

                   Union

         and

DEPARTMENT OF THE ARMY
HEADQUARTERS, 5TH INFANTRY DIVISION
(MECHANIZED) AND FORT POLK
FORT POLK, LOUISIANA

                   Activity

                                       Case No. O-NG-1505

                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
January 13, 1988, the local Activity declared two Union proposals
concerning reduction-in-force to be nonnegotiable. On January 15,
1988, 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 one of the disputed proposals was within the
duty to bargain. The proposal concerns the length of notice
period in cases of reduction-in-force.

     By letter dated February 22, 1988, the parent Agency, the
Department of the Army, filed a request with the Authority asking
to withdraw the allegation of nonnegotiability with respect to
the proposal before the Authority. Therefore, there is no longer
an issue before the Authority whether the proposal in this case
is within the parties' duty to bargain under 5 U.S.C. 7117.
[PAGE]

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

     For the Authority.

     Issued, Washington, D.C.,February 29,  1988.

                            Jacqueline R. Gradley
                            Executive Director