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The decision of the Authority follows:
11 FLRA NO. 82
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, COUNCIL OF SOCIAL SECURITY LOCALS (Union) and DEPARTMENT OF HEALTH AND HUMAN SERVICES, SOCIAL SECURITY ADMINISTRATION (Activity) Case No. 0-NG-780
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 negotiability issue filed by the union.
The record before the Authority in this case indicates that during negotiations between the parties the union proposed that any candidate competitively selected under an open-continuous career ladder vacancy announcement would be selected and promoted to the highest grade level for which he or she was qualified within the career ladder. The activity alleged that the union's proposal was nonnegotiable because it interfered with management's rights under 7106(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 January 18, 1983, the activity withdrew its allegation of nonnegotiability.
Since the activity has withdrawn the allegation concerning the union's proposal, there is no longer an issue as to whether the proposal is within the parties' duty to bargain under the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., March 3, 1983 James J. Shepard, Executive Director
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