12:0463(88)NG - AFGE, National Council of Grain Inspection Locals and Agriculture, Federal Grain Inspection Service -- 1983 FLRAdec NG

 12 FLRA No. 88
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, NATIONAL
 COUNCILS OF GRAIN INSPECTION LOCALS
 (Union)
 
 and
 
 U.S. DEPARTMENT OF AGRICULTURE,
 FEDERAL GRAIN INSPECTION SERVICE
 (Activity)
 
                                            Case No. O-NG-864
 
                   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 the manner in which the results of
 performance appraisals would be used to credit service for reduction in
 force.  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 July 20, 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    Since the agency has withdrawn the allegation concerning the union's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
 dismissed.  For the Authority.  Issued, Washington, D.C., August 4, 1983
                                       James J. Shepard, Executive
                                       Director