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15:0193(32)NG - AFGE Local 2840 and Air Force, Blytheville AFB, Blytheville, AR -- 1984 FLRAdec NG



[ v15 p193 ]
15:0193(32)NG
The decision of the Authority follows:


 15 FLRA No. 32
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 2840, AFL-CIO
 Union
 
 and
 
 U.S. AIR FORCE, BLYTHEVILLE
 AIR FORCE BASE, BLYTHEVILLE,
 ARKANSAS
 Activity
 
                                            Case No. O-NG-803
 
                   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 between the Activity and the Union, the Activity alleged a
 Union proposal concerning the use of the Agency's proposed Civilian
 Potential Appraisal System in personnel actions involving bargaining
 unit employees was nonnegotiable.  The Union then sought the Authority's
 determination, pursuant to section 7117 of the Statute and section
 2424.1 of the Authority's Rules and Regulations, as to whether the
 disputed proposals were within the duty to bargain.  Subsequently, in a
 letter dated May 11, 1984, the Agency withdrew, "without prejudice to
 future cases," the Activity's allegation of nonnegotiability.
 
    Since the Agency has withdrawn the allegations concerning the Union's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, the Union's
 petition for review is hereby dismissed.
 
    For the Authority.
 
    Issued, Washington, D.C., June 29, 1984
                                       Harold D. Kessler, Director, Case
                                       Management