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13:0038(6)NG - NFFE Local 29 and Army Corps of Engineers, Kansas City District, Kansas City, MO -- 1983 FLRAdec NG



[ v13 p38 ]
13:0038(6)NG
The decision of the Authority follows:


 13 FLRA No. 6
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 29
 (Union)
 
 and
 
 U.S. ARMY CORPS OF ENGINEERS,
 KANSAS CITY DISTRICT, KANSAS CITY,
 MISSOURI
 (Activity)
 
                                            Case No. O-NG-883
 
                   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.
 
    The record before the Authority indicates that during the course of
 negotiations, the Union submitted a proposal concerning possible
 conflicts between Agency regulations and provisions of the parties'
 negotiated agreement.  The Activity apparently orally declared the
 Union's proposal to be nonnegotiable, but did not respond to the Union's
 subsequent request for a written allegation.  The Union then sought the
 Authority's determination as to whether the disputed proposal was within
 the duty to bargain.  Subsequently, in a letter dated August 25, 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    Since the Agency has withdrawn the allegation concerning the Union's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, the
 Union's petition for review is hereby dismissed.  For the Authority.
 Issued, Washington, D.C., September 15, 1983
                                       James J. Shepard, Executive
                                       Director