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31:0015(4)NG - AFGE Local 3369 and SSA District Office, Cypress Hills, NY -- 1988 FLRAdec NG



[ v31 p15 ]
31:0015(4)NG
The decision of the Authority follows:


 31 FLRA NO. 4


AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 3369

                  Union

         and

SOCIAL SECURITY ADMINISTRATION
DISTRICT OFFICE
CYPRESS HILLS, NEW YORK

                  Activity

                                                     Case No. 0-NG-1489

                  ORDER DISMISSING PETITION FOR REVIEW

     This case is before the Authority pursuant to 5 U.S.C.
7105(a)(2)(E) on a petition for review of a negotiability issue
filed by the Union.

     The record in this case indicates that by letter dated
November 18, 1987, the local Activity declared the Union's
proposal concerning the location of the designated smoking area
to be nonnegotiable. On December 3, 1987, pursuant to 5 U.S.C.
7117 and 5 C.F.R. 2424.1 and 2424.3, the Union filed a petition
for review with the Authority for a ruling on whether the
disputed proposal was within the duty to bargain.

     By letter dated February 3, 1988, the parent Agency, the
Department of Health and Human Services, 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 5 U.S.C. 7117.

     Accordingly, and apart from other considerations, the
petition for review in this case is hereby dismissed.

     For the Authority.

     Issued, Washington, D.C.,February 9, 1988

                               Jacqueline R. Bradley
                               Executive Director