U.S. Department of the Interior, Bureau of Mines, Pittsburgh Research Center and American Federation of Government Employees, Local 1916 (Authority decision, July 24, 1997)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority dismissing an exception to an arbitral award. Judicial review under 5 U.S.C. § 7123(a) generally does not extend to an arbitration order unless the order involves an unfair labor practice under 5 U.S.C. § 7116. This order does not state that it involves an unfair labor practice.

Plain-English summary

The Bureau of Mines had an exception left over from an earlier arbitration case. The Authority ordered the agency to explain why that exception should not be dismissed as moot and set a response deadline. The agency did not respond. The Authority dismissed the exception for failure to answer its order.

Decision snapshot

• Authority: Exception to an arbitration award; the order cites no statutory provision.
• Outcome: Agency exception dismissed after no response to a show-cause order.
• Key point: The Authority dismissed the remaining exception when the agency missed its deadline to explain why it was not moot.

Full text (FLRA public release)

[ v53 p248 ]
53:0248(33)AR

The decision of the Authority follows:

53 FLRA No. 33

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

U.S. DEPARTMENT OF THE INTERIOR

BUREAU OF MINES

PITTSBURGH RESEARCH CENTER

PITTSBURGH, PENNSYLVANIA

(Agency)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES

LOCAL 1916

(Union)

0-AR-2586-001

_____

ORDER DISMISSING EXCEPTIONS

July 24, 1997

_____

On June 23, 1997, the Authority issued an Order directing the Agency to show cause why the exception that was severed in the U.S. Department of the Interior, Bureau of Mines, Pittsburgh Research Center and American Federation of Government Employees, Local 916, 53 FLRA No. 8 (1997) should not be dismissed as moot.

The Authority's Order stated that the Agency's response to the Order must be filed by July 11, 1997, and that failure to comply with the Order would result in dismissal of the Agency's exception.

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

For the Authority.