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22:0997(99)NG - NTEU and HHS Region X, Seattle, WA -- 1986 FLRAdec NG



[ v22 p997 ]
22:0997(99)NG
The decision of the Authority follows:


 22 FLRA No. 99
 
 NATIONAL TREASURY EMPLOYEES UNION
 Union
 
 and
 
 DEPARTMENT OF HEALTH AND HUMAN 
 SERVICES, REGION X, 
 SEATTLE, WASHINGTON
 Activity
 
                                            Case No. 0-NG-1275
 
                   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 a negotiability issue filed by the Union.
 
    From the record before the Authority, it appears that during the
 course of proceedings before the Federal Service Impasses Panel, the
 Activity by letter dated May 5, 1986, notified both the Panel and Union
 that it considered the issue before the Panel as contradictory to
 section 7114(c) of the Statute and not negotiable.  On May 13, 1986,
 pursuant to section 7117 of the Statute and section 2424.1 of the
 Authority's Rules and Regulations, the Union filed a petition for review
 as to whether the disputed proposal was within the duty to bargain.
 Subsequently, in a letter dated June 13, 1986, the Agency withdrew the
 allegation of nonnegotiability.
 
    Since the Agency has withdrawn the allegation concerning the Union's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 petition for
 review in this case is hereby dismissed.
 
    For the Authority.
 
    Issued, Washington, D.C., July 31, 1986.
                                       /s/ Harrold J. Kessler
                                       Harold D. Kessler
                                       Director of Case Management