Hawaii Federal Employees Metal Trades Council and Pearl Harbor Naval Shipyard (Authority decision, June 7, 1985)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority on a negotiability petition. An aggrieved person may seek judicial review by filing a petition in an appropriate United States court of appeals within 60 days after issuance under 5 U.S.C. § 7123(a). Filing a petition does not stay the Authority's order unless the court orders a stay under 5 U.S.C. § 7123(c).

Plain-English summary

The Authority told the union that its negotiability petition failed to meet several filing requirements and explained how to complete the appeal. The union made no submission within the time allowed. The Authority dismissed the petition for failure to comply with its procedural regulations, without deciding the bargaining issue.

Decision snapshot

• Authority: Negotiability review under 5 U.S.C. § 7105(a)(2)(E).
• Outcome: Petition dismissed for procedural deficiencies.
• Key point: The union did not cure the identified filing defects.

Full text (FLRA public release)

[ v18 p373 ]

18:0373(49)NG

The decision of the Authority follows:

18 FLRA No. 49

HAWAII FEDERAL EMPLOYEES METAL
TRADES COUNCIL, AFL-CIO
Union

and

PEARL HARBOR NAVAL SHIPYARD
Activity

Case No. 0-NG-1121

ORDER DISMISSING PETITION FOR REVIEW

This case is before the Authority pursuant to section 7105(a)(2)(E) of the Federal Service Labor-Management Relations Statute on a petition for review of negotiability issues filed by the Union.

By Authority letter dated April 22, 1985, the Union was informed that preliminary examination of the appeal disclosed apparent deficiencies in meeting the requirements of the Authority's rules of procedure. Specifically, as was noted in the Authority's letter, the Union's appeal failed to comply with sections 2424.4(a)(1), 2424.4(a)(2) and 2424.4(b) of the Regulations.

The Union was also advised in the Authority's letter that further processing of the appeal was contingent upon compliance with the designated provision of the Authority's Regulations. In this regard, the Union was informed of the specific action that had to be taken to comply and complete the appeal, and was afforded time in which to take that action. Finally, the Union was advised that failure to comply with the cited requirement within the time limit provided could result in dismissal of the appeal.

The Union has made no submission within the time limit provided. Accordingly, the petition for review is hereby dismissed for failure to comply with the Authority's Regulations. For the Authority. Issued, Washington, D.C., June 7, 1985 Harold D. Kessler Managing Director for Case Processing