17:0219(32)NG - NTEU and HHS, Region VII -- 1985 FLRAdec NG

 17 FLRA No. 32
 
 NATIONAL TREASURY EMPLOYEES
 UNION
 Union
 
 and
 
 DEPARTMENT OF HEALTH AND
 HUMAN SERVICES, REGION VII
 Agency
 
                                            Case No. O-NG-571
 
                   ORDER DISMISSING PETITION FOR REVIEW
 
    This matter is before the Authority at this time pursuant to section
 7105(a)(2)(D) and (E) of the Federal Service Labor-Management Relations
 Statute and part 2424 of the Authority's Rules and Regulations on a
 petition for review of a negotiability issue filed by the Union.  For
 the reasons stated below, it has been determined that the Union's
 petition for review must be dismissed.
 
    From the submissions of the parties, it appears the Agency alleged
 that the duty to bargain did not extend to the Union's proposal
 concerning the establishment of a competitive area.  The Union also
 filed an unfair labor practice charge with the Authority's Regional
 Office charging that the Agency had committed an unfair labor practice
 by allegedly preventing local management from bargaining over the
 competitive area proposal pursuant to an Agency regulation for which a
 compelling need was asserted.  At the Union's request, further action on
 the negotiability appeal was suspended pending resolution of the unfair
 labor practice complaint.  The unfair labor practice complaint was
 resolved by the decision in Department of Health and Human Services,
 Washington, D.C. and Department of Health and Human Services, Region 7,
 Kansas City, Missouri and National Treasury Employees Union, 16 FLRA No.
 44 (1984) in which the Authority found no compelling need for the Agency
 regulation to bar negotiation on the competitive area proposal.  The
 Union acknowledges that the holding in the unfair labor practice
 proceeding is dispositive of the instant negotiability dispute and,
 therefore, states:  "Since the issues have been resolved we see no need
 for the Authority to continue processing the instant negotiability
 petition."
 
    Upon careful consideration of the parties' submissions, it has been
 determined that, based upon the decision in the cited unfair labor
 practice case, there is no longer an issue as to whether the Union's
 proposal is within the Agency's duty to bargain under the Statute.  /1/
 
    Accordingly, and apart from other considerations, the petition for
 review in this case is hereby dismissed.  For the Authority.  Issued,
 Washington, D.C., March 15, 1985
                                       Harold D. Kessler
                                       Managing Director for Case
                                       Processing
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ The Agency's request to supplement its statement of position is
 denied pursuant to section 2424.8 of the Authority's Rules and
 Regulations, since no additional submissions had been requested by the
 Authority and the completed record provided a sufficient basis for
 disposing of this case.