American Federation of Government Employees, Local 1923 and Social Security Administration, Baltimore, Maryland (Authority decision, May 10, 1979)

Final FLRA decision under Executive Order 11491. This order ends the union's arbitration appeal for failure to comply with procedural rules. It does not decide the award's merits or address judicial review.

Plain-English summary

AFGE Local 1923 sought review of an arbitration award involving Social Security Administration offices in Baltimore. The Authority identified deficiencies in the union's petition under the arbitration-review rules. It gave the union until April 30, 1979, to file missing material and document service on the other party, warning that noncompliance would cause dismissal. The union made no compliant submission by the deadline, so the Authority dismissed the appeal without reviewing the award.

Decision snapshot

• Authority: FLRA arbitration-review and filing rules under Executive Order 11491.
• Outcome: Arbitration appeal dismissed for failure to cure filing and service deficiencies.
• Key point: The award's merits were not reached because the union did not complete the required filing.

Full text (FLRA public release)

[ v01 p330 ]

01:0330(40)AR

The decision of the Authority follows:

1 FLRA No. 40
MAY 10, 1979

MR. ALVIN S. LEVY
4TH VICE PRESIDENT, LOCAL 1923
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO
ROOM I-J-21, OPERATIONS BUILDING
6401 SECURITY BOULEVARD
BALTIMORE, MARYLAND 21235

RE: AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 1923 AND
SOCIAL SECURITY ADMINISTRATION,
HEADQUARTERS, BUREAUS AND OFFICES,
BALTIMORE, MARYLAND (WAHL, ARBITRATOR),
Case No. 0-AR-16

DEAR MR. LEVY:

BY AUTHORITY LETTER OF APRIL 11, 1979, YOU WERE ADVISED THAT
PRELIMINARY EXAMINATION OF YOUR PETITION FOR REVIEW OF THE ARBITRATOR'S
AWARD IN THE ABOVE-ENTITLED CASE DISCLOSED A NUMBER OF APPARENT
DEFICIENCIES IN MEETING VARIOUS REQUIREMENTS OF THE RULES OF PROCEDURE
UNDER WHICH THE AUTHORITY WILL REVIEW SUCH MATTERS AS ARE HERE INVOLVED.
A COPY OF THESE RULES OF PROCEDURE WAS ENCLOSED FOR YOUR INFORMATION.
THE SECTIONS OF THE RULES PERTINENT TO YOUR APPEAL INCLUDED: 2411.34(B)
AND (C) OF 2411.42.

YOU WERE ALSO ADVISED IN THE AUTHORITY'S LETTER:

FURTHER PROCESSING OF YOUR APPEAL IS CONTINGENT UPON YOUR COMPLIANCE
WITH THE

ABOVE-DESIGNATED PROVISIONS OF THE APPLICABLE RULES. ACCORDINGLY,
YOU ARE HEREBY GRANTED

UNTIL THE CLOSE OF BUSINESS ON APRIL 30, 1979, TO TAKE NECESSARY
ACTION AND FILE ADDITIONAL

MATERIALS IN COMPLIANCE WITH THOSE REQUIREMENTS. SUCH FILING SHOULD
BE MADE IN ACCORDANCE WITH

SECTION 2411.43(B) OF THE RULES CITED, AND SHOULD BE SUBMITTED TO THE
EXECUTIVE DIRECTOR,

FEDERAL LABOR RELATIONS AUTHORITY, 1900 E STREET, N.W.

ROOM 7469, WASHINGTON, D.C. 20424.

MOREOVER, YOU MUST SERVE A COPY OF ANY ADDITIONAL SUBMISSION ON THE
OTHER PARTY, AS

PROVIDED IN SECTION 2411.46(A) OF THE RULES CITED. SERVICE SHOULD BE
BY REGISTERED OR

CERTIFIED MAIL OR IN PERSON, AND YOU MUST INCLUDE A STATEMENT OF SUCH
SERVICE WITH YOUR

ADDITIONAL SUBMISSION TO THE AUTHORITY.

FAILURE TO COMPLY WITH THE ABOVE REQUIREMENTS WITHIN THE TIME LIMIT
PRESCRIBED WILL RESULT

IN DISMISSAL OF YOUR APPEAL.

YOU HAVE MADE NO SUBMISSION IN COMPLIANCE WITH THE ABOVE REQUIREMENTS
WITHIN THE TIME LIMIT PRESCRIBED. ACCORDINGLY, YOUR APPEAL IS HEREBY
DISMISSED FOR FAILURE TO COMPLY WITH THE APPLICABLE RULES OF PROCEDURE.

FOR THE AUTHORITY.

SINCERELY,

HAROLD D. KESSLER

DEPUTY EXECUTIVE DIRECTOR

CC: I. L. BECKER

SSA