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 31 FLRA NO. 122

NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES, FEDERAL UNION OF
SCIENTISTS AND ENGINEERS

                    Union

          and

NAVAL UNDERWATER SYSTEMS CENTER

                     Activity

                                        Case No. 0-NG-1528

                            ORDER

     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 March
1, 1988, the Union requested in writing the Activity's allegation
of nonnegotiability concerning the proposed reorganization. The
Activity did not respond. The Union then filed its petition for
review with the Authority on March 18, 1988, for a ruling on
whether the disputed proposal was within the duty to bargain. On
April 8, 1988, the Agency, on behalf of the Activity, withdrew
the allegation of nonnegotiability.

     Since the Agency has withdrawn the allegation concerning the
Union's proposal, there is no longer an issue before the
Authority whether the proposal is within the parties' duty to
bargain under the Statute.

For the Authority.

Issued, Washington, D.C., April 29,  1988.

                         Jacqueline R. Bradley
                         Executive Director

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