33:0828(97)NG - - NFFE Local 589 and VA, VA Medical Center, Jackson, MS - - 1988 FLRAdec NG - - v33 p828

33 FLRA No. 97

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 October 3, 1988, the Agency declared the Union's proposal that the Agency notify the designated Union representative prior to establishing any isolated position or work assignment regarding certain pharmacist employees and rotate isolated work assignments on a quarterly basis to be nonnegotiable. On October 14, 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 the disputed proposal was within the duty to bargain.

By letter dated November 16, 1988, the Agency 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

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