U.S. Department of Labor, Region VI, Dallas, Texas and National Council of Field Labor Locals, American Federation of Government Employees (Authority decision, May 10, 1989)

Final FLRA decision. The Authority dismisses the union's exception after it failed to answer an order to explain an apparent late filing. Under 5 U.S.C. § 7123(a)(1), an order involving an arbitral award is generally excluded from judicial review unless it involves an unfair labor practice under 5 U.S.C. § 7116. This decision does not decide an unfair labor practice.

Plain-English summary

The National Council of Field Labor Locals filed an exception in a case involving the Department of Labor's Dallas region. The Authority ordered the union to explain why its exception should not be dismissed as late and set an April 10, 1989, response deadline. It warned that failure to respond would lead to dismissal. The union did not respond, so the Authority dismissed the exception. The published order does not describe the underlying award or decide the exception's merits.

Decision snapshot

• Authority: Arbitration exception proceeding; show cause order on timeliness.
• Outcome: Union's exception dismissed after it did not answer the show cause order.
• Key point: Failure to answer a show cause order ended the exception before merits review.

Full text (FLRA public release)

[ v33 p861]
33:0861(115)AR

The decision of the Authority follows:

33 FLRA No. 115

FEDERAL LABOR RELATIONS
AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF
LABOR

REGION VI

DALLAS, TEXAS

and

NATIONAL COUNCIL OF FIELD LABOR
LOCALS

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES

0-AR-1702

ORDER

May 10, 1989

On March 31, 1989, the Authority issued an Order directing the National Council of Field Labor Locals, American Federation of Government Employees (Union) to show cause why its exception should not be dismissed as untimely filed.

The Authority's Order stated that the Union's submission in response must be filed by April 10, 1989, and that failure to comply with the Order will result in dismissal of the Union's exception.

The Union has failed to respond to the Authority's Order to Show Cause. Accordingly, the Union's exception is dismissed.

For the Authority.

Clyde B. Blandford, Jr.

Acting Executive Director

FOOTNOTES:
(If blank, the decision does not
have footnotes.)

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