28:0322(46)NG - NAGE VS NAVY, NAVAL UNDERWATER SYSTEMS CENTER -- 1987 FLRAdec NG
[ v28 p322 ]
The decision of the Authority follows:
28 FLRA NO. 46 FEDERAL UNION OF SCIENTISTS AND ENGINEERS, NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES Union and NAVAL UNDERWATER SYSTEMS CENTER Activity Case No. 0-NG-1421
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.
The record in this case indicates that by letter dated June 22, 1987, the Activity declared the Union's proposal concerning reduction-in-force appeals to be nonnegotiable. On June 26, 1987, 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 21, 1987, 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Since the Agency has withdrawn the allegation concerning the Union's proposal, there is no longer an issue as to whether the proposal is within the parties' duty to bargain under the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.