Department of Health and Human Services, Social Security Administration and AFGE (Authority decision, September 23, 1986)

FLRA interlocutory decision. The Authority denies an emergency stay while arbitration and related exceptions remain pending. This order does not end the underlying proceedings and does not start a 60-day judicial review period under 5 U.S.C. § 7123(a).

Plain-English summary

HHS asked the Authority to stop hearings ordered by an arbitrator until the Authority ruled on exceptions to two earlier awards. The Authority found no basis in the federal labor relations statute for the requested stay. It denied the emergency motion. The order addressed only whether the hearings should be paused; the related exceptions were still before the Authority.

Decision snapshot

• Authority: Motion to stay arbitration proceedings under the federal labor relations statute.
• Outcome: Emergency stay denied; the arbitral proceedings were not paused by this order.
• Key point: The Authority found no statutory basis for the stay requested by HHS.

Full text (FLRA public release)

[ v23 p351 ]

23:0351(48)MC

The decision of the Authority follows:

23 FLRA No. 48

DEPARTMENT OF HEALTH AND
HUMAN SERVICES, SOCIAL SECURITY
ADMINISTRATION
Agency

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO
Union

Case No. 0-MC-11

ORDER DENYING MOTION FOR EMERGENCY
STAY OF FURTHER ARBITRAL PROCEEDINGS

On September 8, 1986, the Department of Health and Human Services (HHS) requested an emergency stay of arbitral hearings ordered by Arbitrator Justin C. Smith until the Authority ruled on exceptions to awards previously rendered by Arbitrator Smith presently before the Authority in Case Nos. 0-AR-1207 and 0-AR-1210.

There is no basis in the Federal Service Labor-Management Relations Statute (5 U.S.C. Section 7101 et seq.) for the issuance of a stay such as that requested by HHS. Accordingly, apart from other considerations and confirming oral advice, the Agency's motion is denied.

For the Authority.

Issued, Washington, D.C., September 23, 1986.

/s/ Harold D. Kessler
Director of Case Management