21:0984(116)NG - AFGE, Local 1900 and Army, HQ, Fort Devens, Mass. -- 1986 FLRAdec NG



[ v21 p984 ]
21:0984(116)NG
The decision of the Authority follows:


 21 FLRA No. 116
 
 AMERICAN FEDERATION OF GOVERNMENT 
 EMPLOYEES, AFL-CIO, LOCAL 1900
 Union
 
 and
 
 DEPARTMENT OF THE ARMY, HEADQUARTERS, 
 FORT DEVENS, MASSACHUSETTS
 Activity
 
                                            Case No. 0-NG-1258
 
                   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.
 
    From the record before the Authority, it appears that by letter dated
 November 26, 1985, the Activity notified the Union that it intended to
 implement the revision of Ft. Devens Memorandum, Civilian Personnel
 Administrative Manual 690-1, Chapter 7, "Conduct and Discipline" within
 fourteen (14) days absent any proposals from the Union.  Subsequently,
 on December 3, 1985, the Union submitted its proposal to the Activity.
 By letter dated December 11, 1985, the Activity declared that the
 Union's proposal was outside the duty to bargain because it infringed on
 retained management rights under 5 U.S.C. 7106(a)(2)(A).  Thereafter, on
 January 22, 1986, the Activity sent another letter to the Union
 informing it that since it had not appealed the Activity's
 nonnegotiability allegation and since it had not submitted any other
 proposals for consideration, the Activity would implement the Memorandum
 on February 3, 1986.  Subsequently, by letter dated February 27, 1986,
 the Union explained the meaning of its proposal and requested that the
 Activity reconsider its allegation of nonnegotiability concerning the
 Union's proposal.  The Activity responded by letter dated March 21,
 1986, reiterating its position that the proposal was outside the duty to
 bargain.  The Union then filed the instant petition for review with the
 Authority on April 9, 1986, seeking a 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, on May 2, 1986, the Agency submitted its
 statement of position on the petition for review to the Federal Labor
 Relations Authortiy.  In its statement of position, the Agency withdrew
 its 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, the petition for
 review in this case is hereby dismissed.
 
    For the Authority.
 
    Issued, Washington, D.C., May 29