American Federation of Government Employees, National Immigration and Naturalization Service Council and U.S. Department of Justice, Immigration and Naturalization Service (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 AFGE National Immigration and Naturalization Service Council sought review of a negotiability dispute with the Immigration and Naturalization Service. The Authority told the union that its petition lacked a required statement showing service on the agency head. It gave the union until June 1, 1979, to file that statement and warned that the appeal would be dismissed if the deadline passed. The union made no compliant submission, so the Authority dismissed the appeal without deciding the disputed proposal.

Decision snapshot

• Authority: 5 U.S.C. § 7117(c)(2)(B); FLRA service rules.
• Outcome: Negotiability appeal dismissed for failure to file the required statement of service.
• Key point: The union did not document service on the agency head after receiving notice and an extension.

Full text (FLRA public release)

[ v01 p499 ]

01:0499(56)NG

The decision of the Authority follows:

1 FLRA No. 56
JUNE 14, 1979

MR. RONALD D. KING, DIRECTOR
CONTRACT AND APPEALS DIVISION
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO
1325 MASSACHUSETTS AVENUE, N.W.
WASHINGTON, D.C. 20005

RE: AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
AFL-CIO, NATIONAL IMMIGRATION AND NATURALIZA-
TION SERVICE COUNCIL AND U.S. DEPARTMENT OF
JUSTICE, IMMIGRATION AND NATURALIZATION
SERVICE, Case No. 0-NG-52

DEAR MR. KING:

BY AUTHORITY LETTER OF MAY 16, 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 CERTAIN REQUIREMENTS OF THE FEDERAL SERVICE LABOR-MANAGEMENT
RELATIONS STATUTE (A COPY OF WHICH WAS ENCLOSED FOR YOUR INFORMATION).
THE PERTINENT SECTION OF THE STATUTE WAS SECTION 7117(C)(2)(B).

YOU WERE ALSO ADVISED IN THE AUTHORITY'S LETTER:

FURTHER PROCESSING OF YOUR APPEAL IS CONTINGENT UPON YOUR COMPLIANCE
WITH THE

ABOVE-DESIGNATED PROVISION OF THE STATUTE. ACCORDINGLY, YOU ARE
HEREBY GRANTED UNTIL THE

CLOSE OF BUSINESS ON JUNE 1, 1979, TO TAKE NECESSARY ACTION AND FILE
WITH THE AUTHORITY

ADDITIONAL MATERIALS (IN THIS CASE, A STATEMENT OF SERVICE OF YOUR
PETITION FOR REVIEW UPON

THE AGENCY HEAD, MADE IN CONFORMANCE WITH SECTION 2411.46(D) OF THE
CITED RULES) IN COMPLIANCE

WITH THOSE REQUIREMENTS. SUCH ADDITIONAL MATERIALS SHOULD BE FILED
BY REGISTERED OR CERTIFIED

MAIL OR IN PERSON, AND SHOULD BE SUBMITTED TO THE EXECUTIVE DIRECTOR,
FEDERAL LABOR RELATIONS

AUTHORITY, 1900 E STREET, N.W.., ROOM 7469, WASHINGTON, D.C. 20424.

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.

FOR THE AUTHORITY.

SINCERELY,

HAROLD D. KESSLER

DEPUTY EXECUTIVE DIRECTOR

CC: R. A. KANE

A. E. ROSS

JUSTICE

A. F. INGRASSIA

OPM