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B-202029(MGB) 1 (1981-07-02)

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UNITED STATES GENERAL ACCOUNTING OFFICE


WASHINGTON, D.C.


20548


JUL 2


OmCE o nGELwRA. COUNSE


In Reply.
Refer to;


8-202029(MGB)


Hr. Thomas  S. McFoe
Assistant  Secretary of
  Personnel  Administration
Department  of Health and Human
  Services
Office of  the Secretary
Washington,  D.C.   20201

Dear Mr. McFee.

     This  is in further response
January 27,  1981, for a decision
raised in  FLRA No. 9-CA-511.


to your request  dated
on the waiver  issue


     Since  the question if whether or  not an tnfair labor
practice has  occurred is still pending before  the Federal
Labor Relations  Authority, and in the absence  of a request
for an advisory  opinion from the Authority  pursuant to
4 C.F.R.  21.5, we do not believe it would  be appropriate to
respond to  your request at this time.   However, in the event
the Authority  issuts a decision determining  that an unfair
labor practice  has occurred and orders payment  to the union,
you may resubmit  the waiver issue for consideration  by this
Office.

                                    Sincerely  yours,


                                      ROBERT L. HIGGINS


Robert L.
Assistant


cC   Federal  Labor1
     1900 E  Street,
     Washington,  D.


         S2


     III

14~4$


Higgins
General Counsel


Relations Authority
N.W.,  Room  7469
C.   20424


Mr. Vince Morgante,  Chief Steward
AFGE,Council   of Social Security
  District Office  Locals, AFL-CIO
1950 University  Avenue
Berkeley, California    94704

Mr. Robert G.  Mayberry
Regional Director
Federal zWabor Relations Authority
Region IX,  San Francisco
450 Golden Gate  Avwhue, Box 36016
San Francisco,  California   94102


Q?9-j1

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