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16:0025(2)NG - Philadelphia MTC and Philadelphia Naval Shipyard -- 1984 FLRAdec NG

[ v16 p25 ]
The decision of the Authority follows:

 16 FLRA No. 2
                                            Case No. O-NG-970
    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 record before the Authority, it appears that the Activity
 announced its intent to implement a new directive concerning the
 elimination of employee parking within the controlled industrial area.
 Following the issuance of the directive, discussions were held seeking
 alternative means of accommodating the employees.  However, in a
 memorandum dated March 6, 1984, the Activity declared that the duty to
 bargain did not extend to the Union's proposal.  The Union then filed
 the instant petition for review with the Authority on March 19, 1984.
 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 June 27, 1984, the Activity
 withdrew the allegation of nonnegotiability.
    Since the Activity has withdrawn the allegation concerning the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, the Union's instant petition for
 review is hereby dismissed.
    For the Authority.
    Issued, Washington, D.C., September 11, 1984
                                       (s) Jan K. Bohren
                                       Jan K. Bohren
                                       Executive Director/Administrator