33:0827(96)NG - - AFGE Local 3369 and HHS, SSA, Flat Bush District Office - - 1988 FLRAdec NG - - v33 p827

33 FLRA No. 96

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 22, 1987, the local Activity declared the Union's proposal concerning the location of the designated smoking area to be nonnegotiable. On December 3, 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 November 14, 1988, the parent Agency, the Department of Health and Human Services, 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 5 U.S.C. §7117.

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

For the Authority.

Issued, Washington, D.C.,

________________________________
Clyde B. Blandford, Jr.
Acting Executive Director

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