19:0540(69)NG - AFGE Local 1151 and VA -- 1985 FLRAdec NG

 19 FLRA No. 69
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 1151
 Union
 
 and
 
 VETERANS ADMINISTRATION
 Agency
 
                                            Case No. O-NG-1149
 
                   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.
 
    On June 10, 1985, the Union sent a proposal to the Agency requesting
 a written allegation of nonnegotiability.  By letter dated June 20,
 1985, the Agency provided the Union with its allegation of
 nonnegotiability in respect to that proposal.  On July 1, 1985, pursuant
 to section 2424.3 of the Authority's Rules and Regulations, the Union
 filed a petition for review as to whether its proposal was within the
 duty to bargain.  By letter filed July 25, 1985, the Agency stated that
 it wished to withdraw its determination of nonnegotiability in the case
 herein.
 
    Inasmuch as the Agency has withdrawn its allegation of
 nonnegotiability concerning the Union's proposal, there is no longer an
 issue as to whether the proposal in this case is 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., August 6, 1985
                                       Harold D. Kessler
                                       Managing Director for Case
                                       Processing