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13:0340(54)NG - AFGE, Council of SS Locals and HHS, SSA -- 1983 FLRAdec NG



[ v13 p340 ]
13:0340(54)NG
The decision of the Authority follows:


 13 FLRA No. 54
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, COUNCIL OF SOCIAL
 SECURITY LOCALS
 (Union)
 
 and
 
 DEPARTMENT OF HEALTH AND HUMAN
 SERVICES, SOCIAL SECURITY ADMINISTRATION
 (Activity)
 
                                            Case No. O-NG-779
 
                   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 selection procedures for employees
 temporarily assigned to another installation of the Activity.  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 its statement of position dated September
 23, 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    Since the Agency has withdrawn the allegation concerning the Union's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., October 21,
 1983.
                                       James J. Shepard, Executive
                                       Director