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12:0070(23)NG - AFGE Local 1858 and Army, Army Missile Command, Redstone Arsenal, AL -- 1983 FLRAdec NG



[ v12 p70 ]
12:0070(23)NG
The decision of the Authority follows:


 12 FLRA No. 23
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 1858
 (Union)
 
 and
 
 DEPARTMENT OF THE ARMY, U.S. ARMY
 MISSILE COMMAND, REDSTONE ARSENAL, ALABAMA
 (Activity)
 
                                            Case No. O-NG-805
 
                   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.
 
    From the submissions of the parties, the record before the Authority
 in this case indicates that during the course of negotiations concerning
 implementation of the agency's performance appraisal system, the union
 proposed that the performance appraisal system would be the only factor
 considered in determining whether an employee would receive certain
 monetary performance awards.  The activity alleged that the union's
 proposal was nonnegotiable.  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 March 9, 1983, 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    Since the agency has withdrawn the allegation concerning the union's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., May
 19, 1983
                                       James J. Shepard, Executive
                                       Director