32:1267(173)NG - - Service Employees International Union, CLC, Local 100 and HHS, Gillis W. Long Hansen's Disease Center Management - - 1988 FLRAdec NG - - v32 p1267

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32 FLRA No. 173

UNITED STATES OF AMERICA

BEFORE THE

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

 

SERVICE EMPLOYEES INTERNATIONAL

UNION, AFL-CIO, CLC, LOCAL 100

Union

and 

DEPARTMENT OF HEALTH AND HUMAN

SERVICES, GILLIS W. LONG

HANSEN'S DISEASE CENTER MANAGEMENT

Agency

Case No.0-NG-1532

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 during the course of negotiations, the Union submitted a proposal concerning a change of duty hours for dietary employees. By letter dated March 6, 1988, the Activity declared the Union's proposal to be nonnegotiable. The Union submitted a counterproposal to the Activity on March 14, 1988. On March 27, 1988, the Union filed a petition for review with the Authority for a ruling on whether the matter in dispute was within the duty to bargain. By letter dated September 21, 1988, the Agency withdrew its allegation that "the disputed provisions are outside the duty to bargain."

As there is no longer an issue before the Authority whether the matter in dispute is within the parties' duty to bargain under 5 U.S.C. § 7117, the petition for review in this case is dismissed.

For the Authority.

Issued, Washington, D.C.,

_______________________________
Clyde B. Blandford, Jr.
Acting Executive Director

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FOOTNOTES:
(If blank, the decision does not have footnotes.)
 

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