Defense Contract Audit Agency, Chicago Region and American Federation of Government Employees, Local 3529 (Authority decision, March 16, 1979)

Final FLRA decision. The Authority dismissed an appeal from an arbitration award for failure to comply with procedural rules. 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 address an unfair labor practice.

Plain-English summary

The Defense Contract Audit Agency asked the Authority to review an arbitration award involving AFGE Local 3529. The Authority told the agency that its appeal appeared deficient under several filing and service rules. It gave the agency until February 28, 1979, to provide the missing material and serve the other parties. The agency filed no corrective submission by that deadline. The Authority dismissed the appeal without reviewing the award.

Decision snapshot

• Authority: 5 C.F.R. §§ 2411.42, 2411.44, and 2411.46 (1978).
• Outcome: Arbitration appeal dismissed for failure to comply with procedural rules.
• Key point: The agency did not cure the identified filing and service deficiencies by the deadline.

Full text (FLRA public release)

[ v01 p101 ]

01:0101(7)AR

The decision of the Authority follows:

1 FLRA No. 7
MARCH 16, 1979

MR. HOWARD R. SIEGEL
CHIEF, PERSONNEL DIVISION
DEFENSE CONTRACT AUDIT AGENCY
CHICAGO REGION
527 SOUTH LA SALLE STREET, SUITE 652
CHICAGO, ILLINOIS 60605

RE: DEFENSE CONTRACT AUDIT AGENCY, CHICAGO
REGION AND AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 3529
(ELSON, ARBITRATOR), Case No. 0-AR-5

DEAR MR. SIEGEL:

BY AUTHORITY LETTER OF FEBRUARY 9, 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: 2411.42,
2411.44, AND 2411.46(D).

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 FEBRUARY 28, 1979, TO TAKE NECESSARY
ACTION AND FILE ADDITIONAL

MATERIALS IN COMPLIANCE WITH THE ABOVE PROVISIONS. MOREOVER, YOU
MUST SERVE A COPY OF ANY

REQUIRED ADDITIONAL SUBMISSION ON THE OTHER PARTIES, INCLUDING ALL
REPRESENTATIVES OF OTHER

PARTIES WHO ENTERED APPEARANCES IN THE SUBJECT PROCEEDING BEFORE THE
ARBITRATOR, IN ACCORDANCE

WITH SECTION 2411.46(A) OF THE RULES CITED, 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: G. J. KEENAN

AFGE