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23:0328(42)NG - IAM Lodge 2424 and Army, Aberdeen Proving Ground, MD -- 1986 FLRAdec NG



[ v23 p328 ]
23:0328(42)NG
The decision of the Authority follows:


 23 FLRA No. 42
 
 INTERNATIONAL ASSOCIATIONS OF MACHINISTS
 AND AEROSPACE WORKERS, LODGE 2424
 Union
 
 and
 
 DEPARTMENT OF THE ARMY
 ABERDEEN PROVING GROUND, MARYLAND
 Agency
 
                                            Case No. 0-NG-1295
 
                   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 issued filed by the Union.
 
    The record in this case indicates that by letter dated June 20, 1986,
 the Activity declared the Union's proposal concerning Mutual Rights and
 Obligations to be nonnegotiable.  On July 7, 1986, pursuant to section
 7117 of the Statute and section 2424.1 of the Authority's Rules and
 Regulations, the Union filed a petition for review as to whether the
 disputed proposal was within the duty to bargain.  Subsequently, in a
 letter dated July 16, 1986, 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    Since the Agency has withdrawn the allegation concerning the Union's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, the petition for
 review in this case is hereby dismissed.
 
    For the Authority
 
    Issued, Washington, D.C., August 27, 1986.
                                       /s/ Harold D. Kessler
                                       Director of Case Management