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13:0705(114)NG - NFFE Local 28 and Army HQ, Army Health Services Command, Fort Sam Houston, TX -- 1984 FLRAdec NG



[ v13 p705 ]
13:0705(114)NG
The decision of the Authority follows:


 13 FLRA No. 114
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 28
 Union
 
 and
 
 DEPARTMENT OF THE ARMY HEADQUARTERS,
 U.S. ARMY HEALTH SERVICES COMMAND,
 FORT SAM HOUSTON, TEXAS
 Activity
 
                                            Case No. O-NG-918
 
                   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 in the record before the
 Authority, it appears that the local parties executed a collective
 bargaining agreement and forwarded the agreement to the agency head for
 review and approval pursuant to section 7114(c) of the Statute.  The
 agency head disapproved several provisions of the agreement by
 memorandum served on the union on October 4, 1983.  The Union filed the
 instant petition for review with the Authority on October 18, 1983.  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 November 14, 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    Since the Agency has withdrawn the Activity's allegation concerning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., January 31, 1984
                                       James J. Shepard, Executive
                                       Director