15:0259(51)NG - NFFE Local 153 and Air Force, Macdill AFB, FL -- 1984 FLRAdec NG

 15 FLRA No. 51
 
 NATIONAL FEDERATION OF
 FEDERAL EMPLOYEES, LOCAL 153
 Union
 
 and
 
 U.S. AIR FORCE,
 MACDILL AIR FORCE BASE, FLORIDA
 Agency
 
                                            Case No. O-NG-669
 
                   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 proposals concerning the Agency's proposed Civilian Potential
 Appraisal System and a proposal to establish a joint labor-management
 committee to review the Agency's implementation of the proposed Civilian
 Potential 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
 are 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    Since the Agency has withdrawn its allegation concerning the Union's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