31:0692(41)NG - NAGE local R5-168 and Army, HQ, 5th Infantry Division (Mechanized) and Fort Polk, Fort Polk, LA -- 1988 FLRAdec NG
[ v31 p692 ]
The decision of the Authority follows:
31 FLRA NO. 41 NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES, LOCAL R5-168 Union and DEPARTMENT OF THE ARMY HEADQUARTERS, 5TH INFANTRY DIVISION (MECHANIZED) AND FORT POLK FORT POLK, LOUISIANA Activity Case No. O-NG-1505 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 January 13, 1988, the local Activity declared two Union proposals concerning reduction-in-force to be nonnegotiable. On January 15, 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 one of the disputed proposals was within the duty to bargain. The proposal concerns the length of notice period in cases of reduction-in-force. By letter dated February 22, 1988, the parent Agency, the Department of the Army, filed a request with the Authority asking to withdraw the allegation of nonnegotiability with respect to the proposal before the Authority. Therefore, there is no longer an issue before the Authority whether the proposal in this case is within the parties' duty to bargain under 5 U.S.C. 7117. [PAGE] Accordingly, and apart from other considerations, the petition for review in this case is hereby dismissed.