American Federation of Government Employees, Local 2, decision of the Director of Labor-Management Standards Enforcement (Authority decision, March 16, 1979)

Final FLRA decision under Executive Order 11491. The Authority dismissed an appeal of a labor management standards decision for failure to comply with procedural rules. The decision applies the transition rules and does not address judicial review.

Plain-English summary

An appellant sought Authority review of a decision by the Director of the Office of Labor-Management Standards Enforcement involving AFGE Local 2. The Authority identified deficiencies under its filing and service rules and gave the appellant until February 26, 1979, to provide the missing material and serve the other parties. The appellant filed no corrective submission by the deadline. The Authority dismissed the appeal without reaching the underlying standards decision.

Decision snapshot

• Authority: 5 C.F.R. §§ 2411.13, 2411.44, and 2411.46 (1978).
• Outcome: Appeal dismissed for failure to comply with procedural rules.
• Key point: The appellant did not cure identified filing and service defects within the allowed time.

Full text (FLRA public release)

[ v01 p98 ]

01:0098(6)AS

The decision of the Authority follows:

1 FLRA No. 6
MARCH 16, 1979

MR. EDDIE M. BRYANT, SR.
642 FARADAY PLACE, N.E.
WASHINGTON, D.C. 20017

RE: AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 2, DECISION
OF THE DIRECTOR, LMSE, Case No. 0-AS-5

DEAR MR. BRYANT:

BY AUTHORITY LETTER OF FEBRUARY 7, 1979, YOU WERE ADVISED THAT
PRELIMINARY EXAMINATION OF YOUR PETITION FOR REVIEW OF THE DECISION OF
THE DIRECTOR, OFFICE OF LABOR-MANAGEMENT STANDARDS ENFORCEMENT 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: 2411.13,
2411.44, AND 2411.46(A), (B), (C), AND (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 26, 1979, TO TAKE NECESSARY
ACTION AND FILE ADDITIONAL

MATERIALS IN COMPLIANCE WITH THE ABOVE PROVISIONS. PURSUANT TO
SECTION 2411.43 OF THE

APPLICABLE RULES, SUCH MATERIALS SHOULD BE FILED WITH THE EXECUTIVE
DIRECTOR, FEDERAL LABOR

RELATIONS AUTHORITY, 1900 E STREET, N.W., WASHINGTON, D.C. 20424.
MOREOVER, YOU MUST SERVE A

COPY OF ANY ADDITIONAL SUBMISSION ON THE OTHER PARTIES 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 LIMITS
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: C. ROLNICK

LMSE

K. T. BLAYLOCK

M. MOSELY

AFGE