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11:0006(4)NG - NFFE Local 29 and Army, Kansas City District, Corps of Engineers, Kansas City, MO -- 1983 FLRAdec NG



[ v11 p6 ]
11:0006(4)NG
The decision of the Authority follows:


 11 FLRA No. 4
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 29
 (Union)
 
 and
 
 DEPARTMENT OF THE ARMY, KANSAS
 CITY DISTRICT, CORPS OF ENGINEERS,
 KANSAS CITY, MISSOURI
 (Activity)
 
                                       Case No. O-NG-774
 
                   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 on a petition
 for review of a negotiability issue filed by the union.
 
    The record before the Authority in this case indicates that the
 activity alleged a union proposal concerning references to the Employer
 Assistance Program in letters proposing disciplinary or adverse action
 to be nonnegotiable because it was inconsistent with the activity's
 authority to discipline employees under section 7106(a)(2)(A) of the
 Statute.  The union then sought the Authority's determination, pursuant
 to section 7117(a)(1) of the Statute and section 2424.1(a) of the
 Authority's Rules and Regulations, as to whether the disputed proposal
 was within the parties' duty to bargain.  Subsequently, in a letter
 dated December 10, 1982, the agency withdrew the activity's allegation
 of nonnegotiability.
 
    Since the agency has withdrawn the allegation concerning the union's
 proposal there is no longer an issue as to whether the proposal is
 within the parties' duty to bargain under the Statute.  Accordingly, and
 apart from other considerations,
 
    IT IS HEREBY ORDERED that the instant petition for review be, and it
 hereby is, dismissed.  For the Authority.  Issued, Washington, D.C.,
 January 7, 1983
                                       James J. Shepard, Executive
                                       Director