15:0198(35)NG - NFFE Local 975 and Air Force, HQ 31st Combat Support Group, Homestead AFB, FL -- 1984 FLRAdec NG

 15 FLRA No. 35
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 975
 Union
 
 and
 
 DEPARTMENT OF THE AIR FORCE,
 HEADQUARTERS 31st COMBAT
 SUPPORT GROUP, HOMESTEAD
 AIR FORCE BASE, FLORIDA
 Agency
 
                                            Case No. O-NG-679
 
                   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 that the Agency's proposed Civilian Potential
 Appraisal System not be implemented.  The Agency alleged the Union's
 proposal to be nonnegotiable.  The Union then sought the Authority's
 determination, pursuant to section 7117(a) of the Statute and section
 2424.1 of the Authority's Rules and Regulations, as to whether the
 disputed proposal was within the duty to bargain.  Subsequently, in a
 letter dated May 11, 1984, the Agency withdrew, "without prejudice to
 future cases," its allegation of nonnegotiability.
 
    Since the Agency has withdrawn its allegation concerning the Union's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.
 
    Issued, Washington, D.C., June 29, 1984
                                       Harold D. Kessler,
                                       Director, Case Management