National Treasury Employees Union, Chapter 24 and Department of the Treasury, Internal Revenue Service, Detroit District (Authority decision, September 28, 1979)

Final FLRA decision. This is a final order dismissing a negotiability appeal without a ruling on the proposal's merits. 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 National Treasury Employees Union's Detroit chapter petitioned for review in a dispute with the IRS Detroit District. The Authority told the union that its petition appeared to lack materials required by the procedural rules and gave it until August 31, 1979, to correct the filing and serve the agency. The union made no submission by that deadline. The Authority dismissed the appeal for failure to comply with its rules, without deciding whether the disputed matter was negotiable.

Decision snapshot

• Authority: 5 C.F.R. §§ 2424.4 and 2429.25 (1979).
• Outcome: Negotiability appeal dismissed for filing defects; no merits ruling.
• Key point: Failure to provide the required corrected filing after notice ended the appeal.

Full text (FLRA public release)

[ v01 p1074 ]

01:1074(122)NG

The decision of the Authority follows:

1 FLRA No. 122

MR. BERNARD P. RUTKOWSKI
PRESIDENT, CHAPTER 24
NATIONAL TREASURY EMPLOYEES UNION
P.O. BOX 12
DETROIT, MICHIGAN 48231

RE: NATIONAL TREASURY EMPLOYEES UNION,
CHAPTER 24 AND DEPARTMENT OF THE
TREASURY, INTERNAL REVENUE SERVICE,
DETROIT DISTRICT, Case No. 0-NG-130

DEAR MR. RUTKOWSKI:

BY AUTHORITY LETTER OF AUGUST 13, 1979, YOU WERE ADVISED THAT
PRELIMINARY EXAMINATION OF YOUR PETITION FOR REVIEW IN THE
ABOVE-ENTITLED CASE DISCLOSED A NUMBER OF APPARENT DEFICIENCIES IN
MEETING VARIOUS REQUIREMENTS OF THE APPLICABLE RULES OF PROCEDURE (A
COPY OF WHICH WAS ENCLOSED FOR YOUR INFORMATION). THE PERTINENT
SECTIONS OF THE RULES INCLUDED SECTIONS 2424.4(A)(1) AND (B) AND
2429.25.

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 AUTHORITY'S RULES. ACCORDINGLY,
YOU ARE HEREBY GRANTED

UNTIL THE CLOSE OF BUSINESS ON AUGUST 31, 1979, TO TAKE NECESSARY
ACTION AND FILE ADDITIONAL

MATERIALS IN COMPLIANCE WITH THOSE REQUIREMENTS. SUCH ADDITIONAL
MATERIALS SHOULD BE FILED BY

CERTIFIED MAIL OR IN PERSON IN ACCORDANCE WITH SECTION 2429.24(E) OF
THE AUTHORITY'S RULES,

AND SHOULD BE SUBMITTED TO THE EXECUTIVE DIRECTOR, FEDERAL LABOR
RELATIONS AUTHORITY, 1900 E

STREET, N.W. ROOM 7469, WASHINGTON, D.C. 20424.

MOREOVER, YOU MUST SERVE A COPY OF ANY ADDITIONAL MATERIAL WHICH YOU
SUBMIT TO THE

AUTHORITY ON THE AGENCY IN CONFORMANCE WITH SECTION 2424.4(B) OF THE
AUTHORITY'S RULES, 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 LIMIT
PRESCRIBED MAY RESULT

IN DISMISSAL OF YOUR APPEAL.

YOU HAVE MADE NO SUBMISSION IN COMPLIANCE WITH THE ABOVE
REQUIREMENTS, WITHIN THE TIME LIMIT PROVIDED. ACCORDINGLY, YOUR APPEAL
IS HEREBY DISMISSED FOR FAILURE TO COMPLY WITH THE AUTHORITY'S RULES OF
PROCEDURE.

FOR THE AUTHORITY.

SINCERELY,

HAROLD D. KESSLER

EXECUTIVE DIRECTOR

CC: D. L. HOUCK

IRS

H. DESEGUIRANT

TREASURY