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15:0437(88)NG - IAM Lodge 81 and Army, Rock Island Arsenal -- 1984 FLRAdec NG



[ v15 p437 ]
15:0437(88)NG
The decision of the Authority follows:


 15 FLRA No. 88
 
 INTERNATIONAL ASSOCIATION OF MACHINISTS
 AND AEROSPACE WORKERS, LODGE 81
 Union
 
 and
 
 DEPARTMENT OF THE ARMY,
 ROCK ISLAND ARSENAL
 Agency
 
                                            Case No. O-NG-973
 
                   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
 review of a negotiability issue filed by the Union.
 
    The record before the Authority indicates that the local parties
 executed a collective bargaining agreement and submitted it to the
 agency head for review and approval pursuant to section 7114(c) of the
 Statute.  The agency head disapproved a provision of the agreement
 concerning the rescheduling of the employees' pre-scheduled basic
 workweek.  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 proposal was within
 the duty to bargain.  Subsequently, in a letter dated April 6, 1984, the
 Agency withdrew the allegation of nonnegotiability.
 
    Since the Agency has withdrawn the allegation concerning the Union's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,
 
    IT IS HEREBY ORDERED that the instant petition for review be
 dismissed.
 
    For the Authority.
 
    Issued, Washington, D.C., August 3, 1984
                                       Jan K. Bohren, Executive
                                       Director/Administrator