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13:0425(74)NG - AFGE Local 1622 and Directorate of Facilities, Engineering, Army, Fort Meade, MD -- 1983 FLRAdec NG



[ v13 p425 ]
13:0425(74)NG
The decision of the Authority follows:


 13 FLRA No. 74
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 1622
 (Union)
 
 and
 
 DIRECTORATE OF FACILITIES
 ENGINEERING, DEPARTMENT OF
 THE ARMY, FORT MEADE, MARYLAND
 (Activity)
 
                                            Case No. O-NG-911
 
                   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 reimbursement of employees for safety
 shoes should suitable ones not be readily available from the employer.
 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 September 26, 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    Since the Agency has withdrawn the Activity's allegation concerning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., November 17,
 1983
                                       James J. Shepard, Executive
                                       Director