18:0103(21)NG - AFGE National Council of Prison Locals and Justice -- 1985 FLRAdec NG

 18 FLRA No. 21
 
 AMERICAN FEDERATION OF GOVERNMENT 
 EMPLOYEES, AFL-CIO, NATIONAL COUNCIL 
 OF PRISON LOCALS 
 Union 
 
 and 
 
 U.S. DEPARTMENT OF JUSTICE 
 Agency
 
                                            Case No. 0-NG-1126
 
                   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 negotiability issues filed by the Union.
 
    The record before the Authority in this case indicates that during
 the course of negotiations with the Bureau of Prisons regarding their
 collective bargaining agreement, the Union submitted proposals
 concerning the provisions of their negotiated agreement.  By letter
 dated April 8, 1985, the U.S. Department of Justice (the Agency)
 declared certain of the Union's proposals to be nonnegotiable.  The
 Union then filed the instant petition for review with the Authority
 pursuant to section 2424.3 of the Authority's Rules and Regulations, as
 to whether the disputed proposals were within the duty to bargain.  In a
 letter to the Authority dated May 6, 1985, the Union indicated that the
 parties had reached accord on all issues filed in its petition for
 review except Article 18, section c and section g f the agreement and it
 withdrew all agreed-upon issues from its appeal.  Subsequently, in a
 letter to the Authority dated May 20, 1985, the Agency withdrew its
 allegation of nonnegotiability with respect to Article 18, section c and
 section g.
 
    Since the Agency has withdrawn the allegation of nonnegotiability
 concerning the Union's proposals, there is no longer an issue as to
 whether the proposals in this case are within the parties' duty to
 bargain under the Statute.
 
    Accordingly, and apart from other considerations, the petition for
 review in this case is hereby dismissed.  For the Authority.  Issued,
 Washington, D.C., May 24, 1895
                                       Harold D. Kessler
                                       Managing Director for Case
                                       Processing