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33 FLRA No. 96

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

 

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 3369

and

DEPARTMENT OF HEALTH AND HUMAN SERVICES

SOCIAL SECURITY ADMINISTRATION

FLAT BUSH DISTRICT OFFICE

0-NG-1489

 

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 November 22, 1987, the local Activity declared the Union's proposal concerning the location of the designated smoking area to be nonnegotiable. On December 3, 1987, 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 proposal was within the duty to bargain.

By letter dated November 14, 1988, the parent Agency, the Department of Health and Human Services, filed a request with the Authority asking to withdraw the allegation of nonnegotiability. 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.

Accordingly, and apart from other considerations, the petition for review in this case is dismissed.

For the Authority.

Issued, Washington, D.C.,

________________________________
Clyde B. Blandford, Jr.
Acting Executive Director

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FOOTNOTES:
(If blank, the decision does not have footnotes.)
 

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