16:0026(3)NG - NFFE Local 1363 and HQ, Army Garrison, Yongsan, Korea -- 1984 FLRAdec NG

 16 FLRA No. 3
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 1363
 Union
 
 and
 
 HEADQUARTERS, U.S. ARMY GARRISON,
 YONGSAN, KOREA
 Activity
 
                                            Case No. O-NG-347
 
                   ORDER DISMISSING PETITION FOR REVIEW
 
    This matter is before the Authority at this time pursuant to section
 7105(a)(2)(E) of the Federal Service Labor-Management Relations Statute
 and part 2424 of the Authority's Rules and Regulations on a petition for
 review of negotiability issues filed by the Union.  For the reasons
 stated below, it has been determined that the Union's petition for
 review must be dismissed.
 
    From the submission of the parties, it appears the Activity alleged
 that the duty to bargain did not extend to the Union's proposals
 concerning ration control and the disposal of duty-free goods.  The
 Union also filed an unfair labor practice charge with the Authority's
 Regional Office charging that the Activity had committed an unfair labor
 practice by allegedly implementing the rationing control regulation
 without negotiating with the Union.  Subsequently, a settlement
 agreement was executed establishing procedures for the parties to
 discuss ration control and the disposal of duty-free goods.  The Union
 and the Agency agree that the settlement agreement has resolved the
 negotiability issues presented in this case.
 
    Upon careful consideration of the submissions of the parties, it has
 been determined that based on the settlement agreement between the
 parties, there is no longer an issue as to whether the Union's proposals
 are within the parties' duty to bargain under the Statute.
 
    Accordingly, and apart from other considerations, the petition for
 review in this case is hereby dismissed.
 
    For the Authority.
 
    Issued, Washington, D.C., September 11, 1984
                                       (s) Jan K. Bohren
                                       Jan K. Bohren
                                       Executive Director/Administrator