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 19 FLRA No. 70
 
 NATIONAL TREASURY EMPLOYEES UNION
 Union
 
 and
 
 DEPARTMENT OF THE TREASURY,
 INTERNAL REVENUE SERVICE,
 NATIONAL OFFICE
 Agency
 
                                            Case No. O-NG-1151
 
                   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 7, 1985, the Union sent a proposal concerning employees'
 lunch breaks to the Agency.  By letter dated June 17, 1985, the Agency
 declared a portion of the proposal nonnegotiable.  On July 2, 1985,
 pursuant to section 2424.3 of the Authority's Rules and Regulations, the
 Union filed a petition for review as to whether the disputed part of its
 proposal was within the duty to bargain.  By letter filed July 29, 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    Inasmuch as the Agency has withdrawn its allegation of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 
 
 
 

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