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12:0386(82)NG - NFFE Local 11 and Air Force, HQ, 92d Combat Support Group, Fairchild AFB, WA -- 1983 FLRAdec NG



[ v12 p386 ]
12:0386(82)NG
The decision of the Authority follows:


 12 FLRA No. 82
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 11
 (Union)
 
 and
 
 DEPARTMENT OF AIR FORCE, HEADQUARTERS,
 92d COMBAT SUPPORT GROUP, FAIRCHILD
 AIR FORCE BASE, WASHINGTON
 (Activity)
 
                                            Case No. O-NG-740
 
                   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, the union
 submitted a proposal concerning extension of the effective date for
 discontinuation of environmental differential pay for employees subject
 to asbestos exposure.  The activity alleged the union's proposal 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
 proposal was within the duty to bargain.  Subsequently, in a letter
 dated June 30, 1983, the agency withdrew the activity's allegation of
 nonnegotiability.
 
    Since the agency has withdrawn the activity's allegation concerning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
 dismissed.  For the Authority.  Issued, Washington, D.C., July 29, 1983
                                       James J. Shepard, Executive
                                       Director