[ v15 p193 ]
15:0193(32)NG
The decision of the Authority follows:
15 FLRA No. 32 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 2840, AFL-CIO Union and U.S. AIR FORCE, BLYTHEVILLE AIR FORCE BASE, BLYTHEVILLE, ARKANSAS Activity Case No. O-NG-803 ORDER DISMISSING PETITION FOR REVIEW This case is before the Authority pursuant to section 7105(a)(2)(E) of the Federal Service Labor-Management Relations Statute on a petition for review of a negotiability issue filed by the Union. The record before the Authority indicates that during the course of negotiations between the Activity and the Union, the Activity alleged a Union proposal concerning the use of the Agency's proposed Civilian Potential Appraisal System in personnel actions involving bargaining unit employees was nonnegotiable. The Union then sought the Authority's determination, pursuant to section 7117 of the Statute and section 2424.1 of the Authority's Rules and Regulations, as to whether the disputed proposals were within the duty to bargain. Subsequently, in a letter dated May 11, 1984, the Agency withdrew, "without prejudice to future cases," the Activity's allegation of nonnegotiability. Since the Agency has withdrawn the allegations concerning the Union's proposal, there is no longer an issue as to whether the proposal is within the parties' duty to bargain under the Statute. Accordingly, and apart from other considerations, the Union's petition for review is hereby dismissed. For the Authority. Issued, Washington, D.C., June 29, 1984 Harold D. Kessler, Director, Case Management