[ v29 p1172]
The decision of the Authority follows:
29 FLRA NO. 83 FEDERAL UNION OF SCIENTISTS AND ENGINEERS, NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES, LOCAL R1-144 Union and NAVAL UNDERWATER SYSTEMS CENTER, NEWPORT, RHODE ISLAND Activity Case No. 0-NG-1455
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 by memorandum dated September 10, 1987, the local Activity declared the Union's proposal concerning promotional opportunities created by a reorganization to be a permissive subject of negotiation, and that management did not desire to bargain over the matter. On September 14, 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.
By letter dated October 15, 1987, the parent Agency filed a request with the Authority asking to withdraw the allegation of nonnegotiability. Therefore, there is no longer an issue before the Authority 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., October 27, 1987.
Harold D. Kessler Director of Case Management