National Treasury Employees Union and U.S. Nuclear Regulatory Commission (Authority decision, June 14, 1979)

Final FLRA decision. This order ends the current negotiability appeal without deciding the proposal's merits. An aggrieved person may seek judicial review of a final Authority order in an appropriate United States court of appeals within 60 days under 5 U.S.C. § 7123(a).

Plain-English summary

The National Treasury Employees Union petitioned for review of a negotiability dispute with the Nuclear Regulatory Commission. The Authority identified filing and service deficiencies and gave the union until May 4, 1979, to submit the required material. It warned that missing the deadline would result in dismissal. The union made no compliant submission by that date, so the Authority dismissed the appeal without ruling on whether any proposal had to be bargained.

Decision snapshot

• Authority: 5 U.S.C. § 7117(c)(2)(B); FLRA procedural rules.
• Outcome: Negotiability appeal dismissed for failure to correct filing and service deficiencies.
• Key point: The union did not supply the required materials within the extension the Authority granted.

Full text (FLRA public release)

[ v01 p505 ]

01:0505(58)NG

The decision of the Authority follows:

1 FLRA No. 58
JUNE 14, 1979

MS. SHARYN DANCH
ASSISTANT COUNSEL
NATIONAL TREASURY EMPLOYEES UNION
1730 K STREET, N.W. SUITE 1101
WASHINGTON, D.C. 20006

RE: NATIONAL TREASURY EMPLOYEES UNION
AND U.S. NUCLEAR REGULATORY
COMMISSION, Case No. 0-NG-28

DEAR MS. DANCH:

BY AUTHORITY LETTER OF APRIL 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 FEDERAL SERVICE LABOR-MANAGEMENT
RELATIONS STATUTE AND THE APPLICABLE RULES OF PROCEDURE (COPIES OF WHICH
WERE ENCLOSED FOR YOUR INFORMATION). THE PERTINENT SECTION OF THE
STATUTE WAS SECTION 7117(C)(2)(B). THE PERTINENT SECTIONS OF THE RULES
INCLUDED SECTIONS 2411.25(D); 2411.46(A), (C), AND (D); AND 2411.44.

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 APPLICABLE RULES AND THE STATUTE.
ACCORDINGLY, YOU ARE

HEREBY GRANTED UNTIL THE CLOSE OF BUSINESS ON MAY 4, 1979, TO TAKE
NECESSARY ACTION AND FILE

ADDITIONAL MATERIALS IN COMPLIANCE WITH THOSE REQUIREMENTS. SUCH
FILING SHOULD BE MADE IN

ACCORDANCE WITH SECTION 2411.43(B) OF THE RULES CITED, 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 SUBMISSION ON THE
OTHER PARTY, AS

PROVIDED IN SECTION 2411.46(A) OF THE RULES CITED, AND ON THE AGENCY
HEAD. SERVICE SHOULD BE

BY REGISTERED OR CERTIFIED MAIL OR IN PERSON, 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 LIMITS
PRESCRIBED WILL 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 STATUTE AND THE
APPLICABLE RULES OF PROCEDURE.

FOR THE AUTHORITY.

SINCERELY,

HAROLD D. KESSLER

DEPUTY EXECUTIVE DIRECTOR

CC: HON. J. M. HENDRIE

D. R. COLLINS

NRC