15:0257(50)NG - NFFE Local 1384 and Air Force, HQ 3245th Air Base Group (AFSC), Hanscom AFB, MA -- 1984 FLRAdec NG

 15 FLRA No. 50
 
 NATIONAL FEDERATION OF
 FEDERAL EMPLOYEES, LOCAL 1384
 Union
 
 and
 
 DEPARTMENT OF THE AIR FORCE,
 HEADQUARTERS 3245th
 AIR BASE GROUP (AFSC),
 HANSCOM AIR FORCE BASE,
 MASSACHUSETTS
 Agency
 
                                            Case No. O-NG-701
 
                   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 the negotiability issues 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 two proposals.  One proposal required that the Agency's
 proposed Civilian Potential Appraisal System not be implemented.  The
 second proposal added an element to the Agency's Job Performance
 Appraisal System.  The Agency alleged the Union's proposals 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 proposals
 were 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    Since the Agency has withdrawn its allegation concerning the Union's
 proposals, there is no longer an issue as to whether the proposals are
 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., July 13, 1984
                                       Harold D. Kessler,
                                       Director, Case Management