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09:1073(153)NG - AFGE Local 2069 and Air Force, Dobbins AFB, GA -- 1982 FLRAdec NG



[ v09 p1073 ]
09:1073(153)NG
The decision of the Authority follows:


 9 FLRA No. 153
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 2069
 (Union)
 
 and
 
 DEPARTMENT OF THE AIR FORCE,
 DOBBINS AIR FORCE BASE, GEORGIA
 (Activity)
 
                                            Case No. O-NG-707
 
                   ORDER DISMISSING PETITION FOR REVIEW
 
    THIS CASE IS BEFORE THE AUTHORITY PURSUANT TO SECTION 7105(A)(2)(E)
 OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE AND SECTION
 2424.1 OF THE AUTHORITY'S RULES AND REGULATIONS ON A PETITION FOR REVIEW
 OF NEGOTIABILITY ISSUES FILED BY THE UNION.
 
    FROM THE RECORD BEFORE THE AUTHORITY IT APPEARS THAT DURING THE
 COURSE OF REVIEWING THE LOCAL PARTIES' AGREEMENT PURSUANT TO SECTION
 7114(C) OF THE STATUTE, THE AGENCY ALLEGED CERTAIN PROVISIONS OF THE
 AGREEMENT TO BE NONNEGOTIABLE BECAUSE THEY VIOLATED LAW, RULE OR
 REGULATION.  THE UNION THEN FILED THE INSTANT PETITION FOR REVIEW WITH
 THE AUTHORITY SEEKING A DETERMINATION, PURSUANT TO SECTION 7117(C) OF
 THE STATUTE, AS TO THE NEGOTIABILITY OF THE MATTER.  SUBSEQUENTLY, THE
 PARTIES REACHED AGREEMENT ON CERTAIN OF THE DISPUTED PROVISIONS AND IN A
 LETTER DATED AUGUST 11, 1982, THE AGENCY WITHDREW THE ALLEGATION OF
 NONNEGOTIABILITY AS TO THE REMAINDER.
 
    BASED ON THE AGREEMENT REACHED BY THE PARTIES AND THE AGENCY'S
 WITHDRAWAL OF THE ALLEGATION CONCERNING THE UNION'S PROPOSALS, THERE IS
 NO LONGER AN ISSUE AS TO WHETHER THE PROPOSALS IN THIS CASE ARE WITHIN
 THE DUTY TO BARGAIN UNDER THE STATUTE.  THE DISPUTE INVOLVED IN THE
 UNION'S APPEAL THEREFORE HAS BEEN RENDERED MOOT.
 
    ACCORDINGLY, FOR THE REASONS STATED HEREIN, AND APART FROM OTHER
 CONSIDERATIONS,
 
    IT IS HEREBY ORDERED THAT THE UNION'S PETITION FOR REVIEW BE, AND IT
 HEREBY IS, DISMISSED.
 
    FOR THE AUTHORITY.
 
    ISSUED, WASHINGTON, D.C., AUGUST 27, 1982
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR