16:0397(65)NG - International Federation of Professional and Technical Engineers, Local 1 and Navy -- 1984 FLRAdec NG

 16 FLRA No. 65
 
 INTERNATIONAL FEDERATION OF PROFESSIONAL
 AND TECHNICAL ENGINEERS, LOCAL 1
 Union
 
 and
 
 DEPARTMENT OF THE NAVY
 Activity
 
                                            Case No. O-NG-1057
 
                   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 negotiability issues filed by the Union.
 
    From the submissions of the parties, the record before the Authority
 in this case indicates that during the course of negotiations, the Union
 submitted a proposal concerning union representation should the Activity
 conduct a desk audit of any bargaining unit employee.  By letter dated
 September 25, 1984, the Activity declared the Union's proposal to be
 nonnegotiable.  The Union then filed the instant petition for review
 with the Authority pursuant to section 2424.3 of the Authority's Rules
 and Regulations, as to whether the disputed proposal was within the duty
 to bargain.  Subsequently in a letter to the Authority dated October 26,
 1984, the Agency withdrew the Activity's allegation on nonnegotiability.
 
    Since the Agency has withdrawn the allegation of nonnegotiability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.
 
    Accordingly, and apart from other considerations, the petition for
 review in this case is hereby dismissed.  For the Authority.  Issued,
 Washington, D.C., November 9, 1984
                                       Jan K. Bohren
                                       Executive Director/Administrator