32:0156(22)NG - - NAGE Local R14-52 and Army, Red River Army Depot, Texarkana, TX - - 1988 FLRAdec NG - - v32 p156
[ v32 p156 ]
The decision of the Authority follows:
32 FLRA No. 22
UNITED STATES OF AMERICA
FEDERAL LABOR RELATIONS AUTHORITY
NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES, LOCAL R14-52
DEPARTMENT OF THE ARMY
RED RIVER ARMY DEPOT
Case No. 0-NG-1552
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 the parties executed a negotiated agreement, which was submitted to the U.S. Army Materiel Command for review and approval in accordance with 5 U.S.C. § 7114(c). By letter dated April 22, 1988, the reviewing official transmitted to the parties the disapproval of six specific provisions of the negotiated agreement. On May 6, 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 provisions was within the duty to bargain. The provision concerns smoking in government vehicles in the absence of a nonsmoker.
By letter dated May 16, 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 provision before the Authority. 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, the petition for review in this case is dismissed.
For the Authority.
Issued, Washington, D.C.,