Social Security Administration Field Operations, New York Region and American Federation of Government Employees (Authority decision, May 10, 1988)

FLRA remand decision. The Authority returns the consolidated complaints to the administrative law judge for a final ruling on the Regional Director's motion to withdraw them. The underlying proceeding remains open, so this decision does not present a final judicial-review period under 5 U.S.C. § 7123(a).

Plain-English summary

A Regional Director sought to withdraw consolidated unfair labor practice complaints against Social Security Administration Field Operations in New York so that an informal settlement could be approved. An administrative law judge had transmitted his approval of the settlement for Authority action. The Authority found that its regulations gave the judge authority to rule on the withdrawal request. It returned the case to the judge and directed a final ruling on the motion within 30 days.

Decision snapshot

• Authority: 5 C.F.R. §§ 2423.11(e) and 2423.19(p).
• Outcome: Case remanded to the administrative law judge for a ruling on withdrawal.
• Key point: The judge must decide the Regional Director's motion to withdraw the complaints for an informal settlement.

Full text (FLRA public release)

[ v32 p56 ]
32:0056(6)CA

The decision of the Authority follows:

32 FLRA No. 6

UNITED STATES OF AMERICA

BEFORE THE

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

SOCIAL SECURITY ADMINISTRATION

SOCIAL SECURITY ADMINISTRATION FIELD OPERATIONS

NEW YORK REGION

Respondent

and

AMERICAN FEDERATION OF GOVERNMENT

EMPLOYEES, AFL-CIO

Charging Party

2-CA-40303, 2-CA-40304, 2-CA-40343

(21 FLRA 253) (21 FLRA 48)

ORDER

This consolidated case is before us because the
Administrative Law Judge transmitted his approval of a settlement agreement for final action by the Authority.

Section 2423.11(e) of the Authority's Regulations provides that Regional Directors may request permission from Administrative Law Judges to withdraw complaints in order to approve informal settlements. Section 2423.19(p) of the Regulations authorizes Judges to rule on these requests.

The Regional Director filed a request with the Judge to withdraw the complaint in this case in order to approve a unilateral, informal settlement. Consistent with his authority under section 2423.19(p) of the Regulations, we remand this case to the Judge to issue a final ruling on the Regional Director's motion to withdraw the complaint. The final ruling should be issued within 30 days of the date of this Order.

Issued, Washington, D.C.,

__________
Jerry L. Calhoun,
Chairman
Jean McKee, Member
FEDERAL LABOR RELATIONS
AUTHORITY

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