Machinists Franklin Lodge 2135 and other unions and U.S. Department of the Treasury, Bureau of Engraving and Printing (Authority decision, April 8, 1992)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority denying a stay of an earlier negotiability order. 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 Bureau of Engraving and Printing asked the Authority to pause an earlier order requiring wage negotiations with several unions while it sought a possible court appeal. The bureau said bargaining would consume resources and might prove unnecessary if a court later changed the order. The Authority found no extraordinary circumstances or other basis for a stay. It denied the request, leaving the wage bargaining order in effect.

Decision snapshot

• Authority: Stay of an Authority order; judicial review under 5 U.S.C. § 7123.
• Outcome: Agency request for a stay denied.
• Key point: The expected work and cost of bargaining during a possible appeal did not justify suspending the order.

Full text (FLRA public release)

[ v44 p761 ]
44:0761(62)NG

The decision of the Authority follows:

44 FLRA No. 62

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

INTERNATIONAL ASSOCIATION OF MACHINISTS

AND AEROSPACE WORKERS

FRANKLIN LODGE NO. 2135

AND

INTERNATIONAL PLATE PRINTERS, DIE STAMPERS
AND

ENGRAVERS UNION OF NORTH AMERICA

LOCAL NOS. 2, 24, AND 32

AND

GRAPHIC COMMUNICATIONS INTERNATIONAL
UNION

LOCAL NO. 285

AND

INTERNATIONAL ASSOCIATION OF
SIDEROGRAPHERS

WASHINGTON ASSOCIATION

(Unions)

and

U.S. DEPARTMENT OF THE TREASURY

BUREAU OF ENGRAVING AND PRINTING

(Agency)

0-NG-1927-002

(43 FLRA 1202 (1992))

ORDER DENYING REQUEST FOR STAY

April 8, 1992

Before Chairman McKee and Members Talkin and
Armendariz.

This matter is before the Authority on the Agency's request for a stay of the Authority's Order in 43 FLRA 1202 (1992). The Unions filed an opposition to the Agency's request for a stay.

The Agency states that it has requested the Department of Justice to appeal the Authority's Order to the United States Court of Appeals for the District of Columbia Circuit. The Agency asserts that preparation for and participation in the wage negotiations required by the Order in 43 FLRA 1202 will place an administrative burden on the

Agency "of such degree as to put the [A]gency's mission at risk." Request for Stay at 1. The Agency maintains that "if the Court of Appeals reverses or modifies the Authority's decision, all of the expense and activity undertaken to prepare for and conduct [the] wage negotiations will have been misallocated." Id. at 2. The Agency acknowledges that "granting of a stay by the Authority would constitute an extraordinary measure, but [contends that] such a measure is warranted under the present circumstances." Id. at 1.

We conclude that the Agency has failed to establish extraordinary circumstances or any other basis which warrant a stay of our Order in 43 FLRA 1202. Accordingly, the Agency's request for a stay of that Order is denied. See U.S. Department of Health and Human Services, Public Health Service and Centers for Disease Control, National Institute for Occupational Safety and Health, Appalachian Laboratory for Occupational Safety and Health, 40 FLRA 283 (1991). See also National Treasury Employees Union and Federal Deposit Insurance Corporation, Chicago, Illinois, 32 FLRA 1131 (1988).

FOOTNOTES:
(If blank, the decision does not
have footnotes.)