24:0287(34)NG - AFSCME Local 2027 and ACTION -- 1986 FLRAdec NG



[ v24 p287 ]
24:0287(34)NG
The decision of the Authority follows:


 24 FLRA No. 34
 
 AMERICAN FEDERATION OF STATE, 
 COUNTY AND MUNICIPAL EMPLOYEES, 
 LOCAL 2027
 Union
 
 and
 
 ACTION
 Agency
 
                                            Case No. 0-NG-1326
 
                   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.
 
    The record in this case indicates that by letter dated September 4,
 1986, the Agency declared the Union's proposals concerning time and
 attendance reporting procedures to be nonnegotiable.  On September 19,
 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
 seeking a determination as to whether the disputed proposals were within
 the duty to bargain.  Subsequently, in a letter dated October 20, 1986,
 the Agency withdrew the allegation of nonnegotiability.
 
    Since the Agency has withdrawn the allegation concerning the Union's
 proposals, there is no longer an issue as to whether the proposals 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