American Federation of Government Employees, Local 1776 and Williams Air Force Base, Arizona (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

AFGE Local 1776 sought review of a negotiability dispute with Williams Air Force Base. The Authority identified deficiencies in the union's petition under the federal labor relations statute and its procedural rules. It gave the union until May 16, 1979, to file additional material and warned that a failure to comply would lead to dismissal. The union made no compliant submission by the deadline, and the Authority dismissed the appeal without deciding the bargaining question.

Decision snapshot

• Authority: 5 U.S.C. § 7117(c)(2)(B); FLRA procedural rules.
• Outcome: Negotiability appeal dismissed for failure to correct filing deficiencies.
• Key point: The Authority did not reach the proposals because the union did not complete the filing after notice.

Full text (FLRA public release)

[ v01 p502 ]

01:0502(57)NG

The decision of the Authority follows:

1 FLRA No. 57
JUNE 14, 1979

MR. KIT L. SNYDER
PRESIDENT, LOCAL 1776
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO
916 EAST 7TH PLACE
MESA, ARIZONA 85203

RE: AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 1776 AND
WILLIAMS AIR FORCE BASE, ARIZONA,
Case No. 0-NG-42

DEAR MR. SNYDER:

BY AUTHORITY LETTER OF APRIL 27, 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 SECTION 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 16, 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: D. H. GREEN

DOD