IFPTE Local 220 and Sacramento Air Logistics Center (Authority decision, November 29, 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

IFPTE Local 220 petitioned the Authority to review a negotiability issue involving the Sacramento Air Logistics Center. Its petition did not show that copies, including attachments, had been served on the agency head and the principal agency bargaining representative as the Authority's rules required. The Authority gave the union 21 days to correct the deficiency and warned that the petition could be dismissed. The union made no submission by the deadline, so the Authority dismissed the petition.

Decision snapshot

• Authority: Petition service rule in 5 C.F.R. § 2424.4(b).
• Outcome: Negotiability petition dismissed for failure to comply with the Authority's rules.
• Key point: A union must serve the required agency officials with its petition and attachments.

Full text (FLRA public release)

[ v20 p786 ]

20:0786(92)NG

The decision of the Authority follows:

20 FLRA No. 92

INTERNATIONAL FEDERATION OF
PROFESSIONAL AND TECHNICAL
ENGINEERS, LOCAL 220
Union

and

DEPARTMENT OF THE AIR FORCE,
HEADQUARTERS SACRAMENTO AIR
LOGISTICS CENTER
Activity

Case No. 0-NG-1177

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 and section 2424.1 of the Authority's Rules and Regulations on a petition for review of negotiability issues filed by the Union. For the reasons indicated below, it has been determined that the Union's petition for review must be dismissed.

By Authority letter dated October 25, 1985, the Union was informed that examination of the petition for review disclosed an apparent deficiency in meeting the requirements of the Authority's rules of procedure. Specifically, as was noted in the Authority's letter, the Union's petition failed to comply with section 2424.4(b) of the Regulations which requires that a copy of the petition including all attachments thereto shall be served on the agency head and on the principal agency bargaining representative at the negotiations.

The Union was informed of the specific action it had to take to comply and complete the appeal, and was granted 21 days in which to take that action. The Union was advised that further processing of the petition was contingent upon compliance with the cited provision of the Authority's Regulations and was put on notice that failure to comply within the time limit provided could result in dismissal of the petition.

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. November 29, 1985

(s)---
Harold D. Kessler
Managing Director for Case
Processing