U.S. Department of the Treasury, U.S. Customs Service and National Treasury Employees Union (Authority decision, January 3, 1990)

FLRA interlocutory decision. The Authority denies a motion to stay a Federal Service Impasses Panel proceeding. The underlying ground rules dispute and unfair labor practice charge remain pending. This interim order does not start a judicial-review period for a final order under 5 U.S.C. § 7123(a).

Plain-English summary

The U.S. Customs Service asked the Authority to stop a Federal Service Impasses Panel meeting about ground rules for negotiations with NTEU. It argued that a pending unfair labor practice charge involved related issues. The Authority found that Customs had not shown unusual circumstances justifying a stay. It denied the motion, allowing the Panel proceeding to continue.

Decision snapshot

• Authority: Motion to stay a Federal Service Impasses Panel proceeding.
• Outcome: Stay denied; Panel meeting may proceed.
• Key point: A related unfair labor practice charge alone did not establish grounds to halt the Panel process.

Full text (FLRA public release)

[ v34 p136 ]
34:0136(30)MC

The decision of the Authority follows:

34 FLRA NO. 30

U.S. DEPARTMENT OF THE TREASURY
U.S. CUSTOMS SERVICE

and

NATIONAL TREASURY EMPLOYEES UNION

0-MC-15

ORDER DENYING MOTION FOR STAY

January 3, 1990

Before Chairman McKee and Members Talkin and Armendariz.

The Department of the Treasury, U.S. Customs Service (Agency) has filed a Motion for Stay of Federal Service Impasses Panel (Panel) proceedings involving the Agency and the National Treasury Employees Union (Union).

The Agency requests the Authority to stay a Panel order issued in Case No. 90 FSIP 42, directing the parties to meet with a Panel Member on January 4, 1990, to resolve issues concerning the parties' ground rules negotiations. The Agency asserts that the Panel's order should be stayed because it has filed an unfair labor practice charge against the Union and the "issues raised in the charge are inextricably intertwined with the issues in the .
. . Panel case." The Agency cites the Authority's decision in National Treasury Employees Union and Federal Deposit Insurance Corporation, Chicago, Illinois, 32 FLRA 1131 (1988) (FDIC).

The Agency has not established that the "unusual circumstances" present in FDIC are present in the instant case. Id. at 1139. Accordingly, the Agency has established no basis for the Authority to stay the Panel proceeding. Therefore, the Agency's motion is denied.