12:0629(121)NG - AFGE Local 32 and OPM -- 1983 FLRAdec NG

 12 FLRA No. 121
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 32, AFL-CIO
 (Union)
 
 and
 
 OFFICE OF PERSONNEL MANAGEMENT
 (Agency)
 
                                            Case No. O-NG-872
 
                   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 reassignment procedures for employees
 interested in examiner, ASR, Contact rep and Clerk Typist positions
 within a newly created unit.  The agency 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 August 1, 1983, the agency withdrew the 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    Since the agency has withdrawn the allegation concerning the union's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 22,
 1983
                                       James J. Shepard, Executive
                                       Director