American Federation of Government Employees, AFL-CIO, Local 1978 and Department of the Interior, Bureau of Reclamation, Boulder City, Nevada (Authority decision, September 24, 1979)

Final FLRA decision. This order ends the current negotiability appeal without prejudice and without deciding the proposals' merits. A new appeal may be filed if the union obtains an agency negotiability allegation and follows the applicable rules. 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 1978 sought review of bargaining proposals involving the Bureau of Reclamation in Boulder City, Nevada. The Authority identified deficiencies in the petition and gave the union until April 2, 1979, to correct them. The union's submission arrived on April 6, after the deadline. The Authority dismissed the appeal, but did so without prejudice because the union had not obtained the agency allegation required for a negotiability appeal. It said the union could seek such an allegation and file a new petition if the dispute continued.

Decision snapshot

• Authority: 5 U.S.C. § 7117(c)(2)(B); 5 C.F.R. § 2411.46 (1978).
• Outcome: Petition dismissed without prejudice for late procedural compliance; no merits ruling.
• Key point: A corrected filing submitted after the stated deadline did not preserve this appeal, but a new properly filed petition remained possible.

Full text (FLRA public release)

[ v01 p1043 ]

01:1043(117)NG

The decision of the Authority follows:

1 FLRA No. 117
SEPTEMBER 24, 1979

MR. WILLIAM H. SHOATS
NATIONAL REPRESENTATIVE
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO
1890 PACIFIC AVENUE
LONG BEACH, CALIFORNIA 90806

RE: AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 1978 AND
DEPARTMENT OF THE INTERIOR, BUREAU
OF RECLAMATION, BOULDER CITY,
NEVADA, Case No. 0-NG-7

DEAR MR. SHOATS:

THIS REFERS TO YOUR PETITION FOR REVIEW AND THE AGENCY'S STATEMENT IN
RESPONSE THERETO, FILED WITH THE AUTHORITY IN THE ABOVE-ENTITLED CASE.

BY AUTHORITY LETTER OF MARCH 7, 1979, YOU WERE ADVISED THAT
PRELIMINARY EXAMINATION OF YOUR PETITION FOR REVIEW DISCLOSED A NUMBER
OF APPARENT DEFICIENCIES IN MEETING VARIOUS REQUIREMENTS OF THE
APPLICABLE RULES OF PROCEDURE AND THE STATUTE. THE PERTINENT SECTIONS
OF THE RULES INCLUDED: 5 C.F.R. 2411.25(A) AND (B), 2411.44 AND
2411.46(A), (C) AND (D)(1978). THE APPLICABLE PROVISION 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 PROVISIONS OF THE APPLICABLE RULES AND THE STATUTE.
ACCORDINGLY, YOU ARE

HEREBY GRANTED UNTIL THE CLOSE OF BUSINESS ON APRIL 2, 1979, TO TAKE
NECESSARY ACTIONS 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. (FOOTNOTE OMITTED.)

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.

YOUR SUBMISSION IN COMPLIANCE WITH THE STATED REQUIREMENTS WAS NOT
FILED WITH THE AUTHORITY UNTIL APRIL 6, 1979.

ACCORDINGLY, AND APART FROM OTHER CONSIDERATIONS, YOUR PETITION FOR
REVIEW IS HEREBY DISMISSED FOR FAILURE TO COMPLY WITH THE AUTHORITY'S
RULES OF PROCEDURE WITHIN THE TIME LIMITS PRESCRIBED.

HOWEVER, INASMUCH AS THE UNION NEVER SOUGHT AND RECEIVED AN
ALLEGATION FROM THE AGENCY, WITHIN THE MEANING OF SECTION 7117 OF THE
STATUTE, AS TO WHETHER THE DUTY TO BARGAIN UNDER THE STATUTE EXTENDS TO
THE MATTERS PROPOSED TO BE BARGAINED BY THE UNION, THE DISMISSAL OF YOUR
APPEAL IS WITHOUT PREJUDICE. THAT IS, IF THE MATTERS PROPOSED TO BE
NEGOTIATED CONTINUE IN DISPUTE BETWEEN THE PARTIES, AN ALLEGATION AS TO
THEIR NEGOTIABILITY MAY BE SOUGHT AND A PETITION FOR REVIEW MAY BE FILED
WITH THE AUTHORITY BY THE UNION UNDER THE STATUTE AND IN ACCORDANCE WITH
THE INTERIM RULES AND REGULATIONS OF THE AUTHORITY (COPIES ENCLOSED).

FOR THE AUTHORITY.

SINCERELY,

HAROLD D. KESSLER

EXECUTIVE DIRECTOR

ENCLOSURES

CC: M. A. SIMMS

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