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56 FLRA No. 10
Patent Office Professional Association and U.S. Dept. of Commerce Patent and Trademark Office Washington, D.C., Case No. 0-NG-2161 & 0-NG-2163 (Decided February 29, 2000)
The petitions for review in this case contained 78 proposals. The Authority found Proposals 4, 12, 16, 17, 20, 21, 24, 29, 30, 37, 41, 44, 52, 53, 55, 58, 59, 62, 63, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, and 78 ··___··within the Agency's duty to bargain.
Proposals 56 and 65 were found negotiable at the election of the Agency under section 7106(b)(1) of the Statute, and pursuant to section 2424.10 of the Authority's Regulations, the Authority dismissed the Union's petition with regard to those proposals.
Also dismissed were Proposals 3, 13, 31, 32, 35, 36, 43, 45, and 57, because the proposals were outside the Agency's duty to bargain. Proposals 22, 33, 34, 47, and 54 were dismissed because they were resolved by the Federal Service Impasses Panel (FSIP). The Authority dismissed without prejudice the petition for review as it pertained to: (1) Proposals 1, 2, 5, 6, 7, 8, 9, 10, 11, 14, 15, 18, 19, 23, 25, 26, 27, 28, 38, 39, 40, 42, 46, 48, 49, 50, and 51 because these proposals were not alleged outside the duty to bargain by the Agency; and (2) Proposals 60, 61, and 64 because the record was insufficient to determine their negotiability.