18:0247(32)NG - AFGE Local 1931 and Navy, Naval Weapons Station, Concord, CA -- 1985 FLRAdec NG



[ v18 p247 ]
18:0247(32)NG
The decision of the Authority follows:


 18 FLRA No. 32
 
 AMERICAN FEDERATION OF GOVERNMENT 
 EMPLOYEES, AFL-CIO, LOCAL 1931
 Union 
 
 and 
 
 U.S. DEPARTMENT OF THE NAVY 
 NAVAL WEAPONS STATION 
 CONCORD, CALIFORNIA 
 Activity
 
                                            Case No. 0-NG-1103
 
                   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 negotiability issues filed by the Union.
 
    From the submissions of the parties, the record before the Authority
 in this case indicates that during the course of proceedings before the
 Federal Service Impasses Panel, the Activity by letter dated January 3,
 1985, notified both the Panel and the Union that it considered certain
 issues before the Panel to be nonnegotiable.  On February 11, 1985,
 pursuant to section 2424.3 of the Authority's Rules and Regulations, the
 Union filed a petition for review as to whether the disputed proposals
 were within the duty to bargain.  The Union's petition was dismissed as
 untimely filed by the Authority's Order issued February 19, 1985 (17
 FLRA No. 7).  Upon a showing that service of the Activity's allegation
 of nonnegotiability to the Union was defective, the Authority by its
 Order issued March 12, 1985, granted the Union's timely request for
 reconsideration, rescinded its Order of February 19, 1985, and reopened
 the case for further processing.  On March 18, 1985, the Union requested
 an allegation of nonnegotiability from the Activity.  Having received no
 response to its request, the Union filed another petition for review
 with the Authority on April 19, 1985.  By letter filed May 17, 1985, the
 Activity stated that after having carefully reviewed the Union's most
 recent petition for review, it wished to withdraw its determination of
 nonnegotiability as the Union had considerably revised the original
 proposals upon which its determination of nonnegotiability had been
 made.
 
    Inasmuch as the Agency has withdrawn its allegation of
 nonnegotiability concerning the Union's proposals, there is no longer an
 issue as to whether the proposals in this case are 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., May 24, 1985
                                       Harold D. Kessler
                                       Managing Director for Case
                                       Processing
 
    AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, COUNCIL OF
 FIELD
 ASSESSMENT LOCALS,