Department of Health, Education and Welfare, Office of the Secretary and American Federation of Government Employees (Authority decision, April 13, 1979)

Final FLRA decision under Executive Order 11491. The Authority denied an untimely petition for review of an Assistant Secretary decision. The decision applies the transition rules for Executive Order 11491 and does not address judicial review.

Plain-English summary

AFGE sought review of an Assistant Secretary decision involving the Department of Health, Education and Welfare's Office of the Secretary. The decision was mailed to the union on December 28, 1978, making its appeal due by February 1, 1979, under the applicable procedural rules. The union filed on March 29, nearly two months late. No extension had been requested or granted. The Authority denied the petition without addressing the underlying dispute.

Decision snapshot

• Authority: 5 C.F.R. §§ 2411.13(b) and 2411.45(a), (c) (1978).
• Outcome: Petition for review denied as untimely.
• Key point: The union filed after the procedural deadline and had no extension.

Full text (FLRA public release)

[ v01 p177 ]

01:0177(22)AS

The decision of the Authority follows:

1 FLRA No. 22
APRIL 13, 1979

MR. RONALD D. KING, DIRECTOR
CONTRACT AND APPEALS DIVISION
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO
1325 MASSACHUSETTS AVENUE, N.W.
WASHINGTON, D.C. 20005

RE: DEPARTMENT OF HEALTH, EDUCATION
AND WELFARE, OFFICE OF THE
SECRETARY, A/SLMR No. 1168,
Case No. 0-AS-10

DEAR MR. KING:

THIS REFERS TO YOUR PETITION FOR REVIEW OF THE ASSISTANT SECRETARY'S
DECISION IN THE ABOVE-ENTITLED CASE, FILED WITH THE AUTHORITY ON MARCH
29, 1979, ON BEHALF OF THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
AFL-CIO (THE UNION). FOR THE REASONS INDICATED BELOW, IT HAS BEEN
DETERMINED THAT THE PETITION WAS UNTIMELY FILED UNDER THE APPLICABLE
RULES OF PROCEDURE AND CANNOT BE ACCEPTED FOR REVIEW.

THE SUBJECT DECISION OF THE ASSISTANT SECRETARY IS DATED DECEMBER 28,
1978, AND WAS SERVED ON THE UNION BY MAIL ON THAT SAME DATE. THEREFORE,
UNDER 5 C.F.R. 2411.13(B) AND 2411.45(A) AND (C)(1978), APPLICABLE HERE
PURSUANT TO SECTION 2400.2 OF THE AUTHORITY'S TRANSITION RULES AND
REGULATIONS (44 FED.REG. 7) (COPIES ENCLOSED), THE UNION'S APPEAL WAS
DUE IN THE OFFICE OF THE AUTHORITY NO LATER THAN THE CLOSE OF BUSINESS
ON FEBRUARY 1, 1979. HOWEVER, AS STATED ABOVE, THE UNION'S APPEAL,
WHICH IS DATED MARCH 26, 1979, WAS NOT FILED WITH THE AUTHORITY UNTIL
MARCH 29, 1979, OR ALMOST 2 MONTHS LATE, AND NO EXTENSION OF TIME FOR
SUCH FILING WAS REQUESTED ON BEHALF OF THE UNION OR GRANTED BY THE
FEDERAL LABOR RELATIONS COUNCIL OR THE AUTHORITY.

ACCORDINGLY, SINCE THE UNION'S APPEAL WAS UNTIMELY FILED WITH THE
AUTHORITY, AND APART FROM OTHER CONSIDERATIONS, THE UNION'S PETITION FOR
REVIEW IS HEREBY DENIED.

FOR THE AUTHORITY.

SINCERELY,

HAROLD D. KESSLER

DEPUTY EXECUTIVE DIRECTOR

ENCLOSURES

CC: R. HACKER

HEW