[ v13 p340 ]
13:0340(54)NG
The decision of the Authority follows:
13 FLRA No. 54 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, COUNCIL OF SOCIAL SECURITY LOCALS (Union) and DEPARTMENT OF HEALTH AND HUMAN SERVICES, SOCIAL SECURITY ADMINISTRATION (Activity) Case No. O-NG-779 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. 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 selection procedures for employees temporarily assigned to another installation of the Activity. The Activity alleged the Union's proposal to be nonnegotiable. The Union then sought the Authority's determination, pursuant to section 7117(a)(1) of the Statute and section 2424.1(a) of the Authority's Rules and Regulations, as to whether the disputed proposal was within the duty to bargain. Subsequently, in its statement of position dated September 23, 1983, the Agency withdrew the Activity's 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 Since the Agency has withdrawn the allegation concerning the Union's proposal, there is no longer an issue as to whether the proposal is within the parties' duty to bargain under the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, IT IS HEREBY ORDERED that the instant petition for review be dismissed. For the Authority. Issued, Washington, D.C., October 21, 1983. James J. Shepard, Executive Director