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12:0175(42)NG - NFFE Local 571 and Agriculture, Farmers Home Administration, Temple, TX -- 1983 FLRAdec NG



[ v12 p175 ]
12:0175(42)NG
The decision of the Authority follows:


 12 FLRA No. 42
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 571
 (Union)
 
 and
 
 U.S. DEPARTMENT OF AGRICULTURE,
 FARMERS HOME ADMINISTRATION,
 TEMPLE, TEXAS
 (Activity)
 
                                            Case No. O-NG-800
 
                   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 negotiability issues 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 on
 reduction-in-force procedures, the union submitted proposals concerning
 competitive areas, training, and the waiver of qualifications for
 employees subject to displacement.  The activity alleged the union's
 proposals to be 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 proposals were within the duty to bargain.  Subsequently, in a
 letter dated May 11, 1983, the agency withdrew the activity's allegation
 of nonnegotiability.
 
    Since the agency has withdrawn the activity's allegation concerning
 the union's proposals, there is no longer an issue as to whether the
 proposals are 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
 dismissed.  For the Authority.  Issued, Washington, D.C., June 7, 1983
                                       James J. Shepard, Executive
                                       Director