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23:0679(90)NG - AFGE, Council of Locals No. 214 and Air Force, Air Force Logistics Council, Wright-Patterson AFB, OH -- 1986 FLRAdec NG



[ v23 p679 ]
23:0679(90)NG
The decision of the Authority follows:


 23 FLRA No. 90
 
 AMERICAN FEDERATION OF GOVERNMENT 
 EMPLOYEES, AFL-CIO, COUNCIL OF
 LOCALS NO. 214
 Union
 
 and
 
 DEPARTMENT OF THE AIR FORCE 
 AIR FORCE LOGISTICS COMMAND
 WRIGHT-PATTERSON AIR FORCE BASE 
 OHIO
 Agency
 
                                            Case No. 0-NG-1002 
                                                19 FLRA No. 23
 
                   ORDER DISMISSING PETITION FOR REVIEW
 
    This case is before the Authority pursuant to a remand from the
 United States Court of Appeals for the District of Columbia Circuit.
 AFGE, AFL-CIO, Council of Locals No. 214 v. FLRA, No. 85-1500 (D.C. Cir.
 August 26, 1986), reversing and remanding the Authority's decision in
 American Federation of Government Employees, AFL-CIO, National Council
 Locals No. 214 and Department of the Air Force, Air Force Logistics
 Command, Wright-Patterson Air Force Base, Ohio, 19 FLRA No. 23 (July 22,
 1985).
 
    On October 15, 1986, the Agency noting that the Air Force Logistics
 Command and AFGE Council No. 214 have signed a Memorandum of Agreement
 finalizing their renegotiated Master Labor Agreement, filed a request
 with the Authority asking to withdraw its allegation of
 nonnegotiability.
 
    Inasmuch as the Agency has withdrawn its allegation of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.  See e.g. International Association
 of Machinists and Aerospace Workers, Lodge 2424 and Department of the
 Army, Aberdeen Proving Ground, Maryland, 23 FLRA No. 42 (1986);  and
 American Federation of Government Employees, AFL-CIO, Local 1900 and
 Department of the Army, Headquarters, Fort Devens, Massachusetts, 21
 FLRA No. 116 (1986).  Moreover, the Authority has been advised
 telephonically by AFGE that no issue in the case remains outstanding as
 the parties have signed a Memorandum of Agreement which:  (1)
 incorporates into their renegotiated Master Labor Agreement the proposal
 which had been at issue in AFGE's petition for review;  (2) and resolves
 all other related issues.
 
    Accordingly, and apart from other considerations, the petition for
 review in this case is hereby dismissed.
 
    For the Authority.
 
    Issued, Washington, D.C., October 24, 1986
                                       /s/ Harold D. Kessler
                                       Director of Case Management