National Federation of Federal Employees, Anadarko and Muskogee Area Council and Department of the Interior, Bureau of Indian Affairs, Muskogee Area Office, Oklahoma (Authority decision, November 2, 1979)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority. 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 Federation of Federal Employees petitioned for review in a dispute with the Bureau of Indian Affairs' Muskogee Area Office. The Authority told the union that its petition lacked required copies and proof of service, and gave it a deadline to correct those defects. The union submitted nothing by the deadline. The Authority dismissed the appeal without deciding whether any proposal was negotiable.

Decision snapshot

• Authority: 5 C.F.R. §§ 2424.4(b), 2429.25, and 2429.27(a).
• Outcome: Negotiability appeal dismissed for failure to comply with filing and service rules.
• Key point: The union did not cure the identified filing defects by the Authority's deadline.

Full text (FLRA public release)

[ v02 p30 ]

02:0030(3)NG

The decision of the Authority follows:

2 FLRA No. 3

MR. R. L. CORNTASSEL
PRESIDENT, ANADARKO AND MUSKOGEE
AREA COUNCIL
NATIONAL FEDERATION OF FEDERAL EMPLOYEES
ROUTE 1, BOX 45
WYANDOTTE, OKLAHOMA 74370

RE: NATIONAL FEDERATION OF FEDERAL EMPLOYEES,
ANADARKO AND MUSKOGEE AREA COUNCIL AND
DEPARTMENT OF THE INTERIOR, BUREAU OF
INDIAN AFFAIRS, MUSKOGEE AREA OFFICE,
OKLAHOMA, Case No. 0-NG-152

DEAR MR. CORNTASSEL:

BY AUTHORITY LETTER OF SEPTEMBER 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(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 OCTOBER 5, 1979, TO TAKE NECESSARY
ACTION AND FILE ADDITIONAL

MATERIALS (IN THIS CASE, AN ORIGINAL AND THREE COPIES OF A STATEMENT
OF SERVICE OF YOUR

PETITION ON THE AGENCY'S PRINCIPAL BARGAINING REPRESENTATIVE, ALONG
WITH THE REQUIRED NUMBER

OF ADDITIONAL COPIES OF YOUR PETITION AND ALL ENCLOSURES THERETO) IN
COMPLETION OF YOUR

APPEAL. 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,
NW., ROOM 7469,

WASHINGTON, D.C. 20424.

MOREOVER, IN CONFORMANCE WITH SECTIONS 2424.4(B) AND 2429.27(A) OF
THE AUTHORITY'S RULES,

YOU MUST SERVE THE AGENCY HEAD AND PRINCIPAL AGENCY BARGAINING
REPRESENTATIVE WITH A COPY OF

ANY ADDITIONAL MATERIAL WHICH HAS NOT PREVIOUSLY BEEN SERVED ON THOSE
PARTIES AND WHICH YOU

SUBMIT TO THE AUTHORITY IN COMPLETION OF YOUR APPEAL, 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: HON. C. D. ANDRUS

E. FARRIS

INTERIOR