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28:0358(55)NG - NFFE, LOCAL 1451 VS NAVY, NAVAL TRAINING CENTER



[ v28 p358 ]
28:0358(55)NG
The decision of the Authority follows:


28 FLRA NO. 55



NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 1451

                   Union

         and

DEPARTMENT OF THE NAVY, PUBLIC
WORKS CENTER, NAVAL TRAINING
CENTER, ORLANDO, FLORIDA

                   Activity

Case No. 0-NG-1425

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.

The record in this case indicates that on June 12, 1987, the Activity stated that the Union's proposal that employees be allowed to carry beepers on a voluntary basis was nonnegotiable. By letter dated June 15, 1987, the Union requested a written allegation of nonnegotiability from the Activity concerning its proposal. The Activity apparently did not respond to the Union's request. On July 8, 1987, pursuant to section 7117 of the Statute and sections 2424.1 and 2424.3 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 July 27, 1987, 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Since the Agency has withdrawn the allegation concerning the Union's proposal, there is no longer an issue as to whether the proposal is within the parties' duty to bargain under the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, 1987.

Harold D. Kessler
Director of Case Management