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 15 FLRA No. 81
 
 FEDERAL EMPLOYEES METAL TRADES COUNCIL
 Union
 
 and
 
 PORTSMOUTH NAVAL SHIPYARD
 Activity
 
                                            Case No. O-NG-995
 
                   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 in this case indicates that during
 the course of negotiations, the Activity declared a Union proposal
 concerning the use of annual leave by employees not required for work
 during the holiday curtailment period covering November 23, December 24
 and December 31, 1984, to be nonnegotiable.  The Union filed the instant
 petition for review with the Authority, pursuant to section 2424.3 of
 the Authority's Rules and Regulations, as to whether the disputed
 proposal was within the duty to bargain.  Subsequently in a letter to
 the Authority dated June 26, 1984, the Department of the Navy (the
 Agency) withdrew the Activity's allegation of nonnegotiability.
 
    Since the Agency has withdrawn the allegation of nonnegotiability
 concerning the Union's proposal, there is no longer an issue as to
 whether the proposal in this case is within the parties' duty to bargain
 under the Statute.
 
    Accordingly, and apart from other considerations, the petition for
 review in this case is hereby dismissed.
 
    For the Authority.
    Issued, Washington, D.C., July 24, 1984
 
                                       Jan K. Bohren
                                       Executive Director / Administrator
 
 
 
 

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