32:1267(173)NG - - Service Employees International Union, CLC, Local 100 and HHS, Gillis W. Long Hansen's Disease Center Management - - 1988 FLRAdec NG - - v32 p1267
[ v32 p1267 ]
The decision of the Authority follows:
32 FLRA No. 173
UNITED STATES OF AMERICA
FEDERAL LABOR RELATIONS AUTHORITY
SERVICE EMPLOYEES INTERNATIONAL
UNION, AFL-CIO, CLC, LOCAL 100
DEPARTMENT OF HEALTH AND HUMAN
SERVICES, GILLIS W. LONG
HANSEN'S DISEASE CENTER MANAGEMENT
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 during the course of negotiations, the Union submitted a proposal concerning a change of duty hours for dietary employees. By letter dated March 6, 1988, the Activity declared the Union's proposal to be nonnegotiable. The Union submitted a counterproposal to the Activity on March 14, 1988. On March 27, 1988, the Union filed a petition for review with the Authority for a ruling on whether the matter in dispute was within the duty to bargain. By letter dated September 21, 1988, the Agency withdrew its allegation that "the disputed provisions are outside the duty to bargain."
As there is no longer an issue before the Authority whether the matter in dispute is within the parties' duty to bargain under 5 U.S.C. § 7117, the petition for review in this case is dismissed.
For the Authority.