31:0690(40)NG - NFFE Local 1639 and South Carolina NG, Columbia, SC -- 1988 FLRAdec NG



[ v31 p690 ]
31:0690(40)NG
The decision of the Authority follows:


 31 FLRA NO. 40


NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 1639

                  Union

          and

SOUTH CAROLINA NATIONAL GUARD
COLUMBIA, SOUTH CAROLINA

                  Activity

                                            Case No. O-NG-1502

            ORDER DISMISSING PETITION FOR REVIEW

     This case is before the Authority pursuant to 5 U.S.C.
7105(a)(2)(E) on a petition for review of a negotiability issue
filed by the Union.

     The record in this case indicates that by letter dated
December 23, 1987, under 5 U.S.C. 7114(c) the agency head
disapproved, as nonnegotiable, a provision of the local parties'
collective bargaining agreement regarding the procurement of
uniforms for employees. On January 14, 1988, pursuant to 5 U.S.C.
7117 and 5 C.F.R. 2424.1 and 2424.3, the Union filed a petition
for review with the Authority for a ruling on whether the
disputed provision was within the duty to bargain.

     By letter dated February 17, 1988, the Departments of the
Army and the Air Force, National Guard Bureau filed a request
with the Authority seeking to withdraw its December 23, 1987,
disapproval. Therefore, there is no longer an issue before the
Authority whether the provision in this case is within the
parties' duty to bargain under 5 U.S.C. 7117. 

     Accordingly, and apart from other considerations, t