ACTION, Washington, D.C. and American Federation of State, County and Municipal Employees, Local 2027 (Authority decision, January 23, 1979)

FLRA interlocutory decision under Executive Order 11491. The Authority denied an appeal because the representation case had no final disposition. The union could renew its arguments after certification or another final disposition. This order does not decide the representation case or address judicial review.

Plain-English summary

AFSCME Local 2027 challenged a ruling that four disputed ballots in an ACTION representation election should be opened and counted. The Assistant Secretary had denied review of that ruling, but the election case had not reached a final disposition. The Authority said its procedural rules barred an appeal at that stage. It denied the union's petition without prejudice to a later appeal after certification or another final result, and denied a stay. The underlying representation matter remained pending.

Decision snapshot

• Authority: 5 C.F.R. § 2411.41 (1978).
• Outcome: Interim appeal and stay denied; later review remains possible after final disposition.
• Key point: The Authority would consider the ballot challenge only after the full representation case became final.

Full text (FLRA public release)

[ v01 p75 ]

01:0075(1)RO

The decision of the Authority follows:

1 FLRA No. 1
January 23, 1979

MR. STANLEY A. GORDON
EXECUTIVE DIRECTOR, COUNCIL 26
AMERICAN FEDERATION OF STATE, COUNTY AND
MUNICIPAL EMPLOYEES, AFL-CIO
1732 I STREET, N.W.
WASHINGTON, D.C. 20006

RE: ACTION, WASHINGTON, D.C., Assistant
Secretary Case No. 22-08642(RO),
FLRC No. 78A-187

Dear Mr. Gordon:

This Refers to Your Petition for Review and Request for a Stay in the
Above-entitled Case, Filed on Behalf of the American Federation of
State, County and Municipal Employees, Afl-cio, Local 2027 (Afscme).

In the Decision at Issue, the Assistant Secretary Denied Afscme's
Request for a Review, Seeking Reversal of a Portion of the Regional
Administrator's Report and Findings on Objections and Challenges
Directing That Four Challenged Ballots Be Opened and Counted. However,
No Final Disposition in the Case Has Been Rendered.

Section 2411.41 of the Authority's Rules of Procedure (Formerly the
Rules of Procedure of the Federal Labor Relations Council, Applicable
Here Pursuant to and as Amended by Section 2400.2 of the Rules or
Procedure of the Authority (Copy Enclosed)) Prohibits Interlocutory
Appeals. That Is, the Authority Will Not Consider a Petition for Review
Of an Assistant Secretary's Decision Where No Final Decision Has Been
Rendered on the Entire Proceeding. More Particularly, in a Case Such as
Here Involved, the Authority Will Entertain an Appeal Only after a
Certification of Representative or of the Results of the Election Has
Issued, or after Other Final Disposition of the Entire Representation
Matter.

Since a Final Decision Has Not Been So Rendered in the Present Case,
The Authority Has Directed That Your Appeal Be Denied, Without Prejudice
To the Renewal of Your Contentions in a Petition for Review Duly Filed
With the Authority after a Final Decision on the Entire Case, as
Described Above. Your Request for a Stay Is Likewise Denied.

For the Authority.

Sincerely,

Harold D. Kessler

Deputy Executive Director

Enclosure

Cc: (W/c Enclosure)

J. Mceleney

Nteu

P. Wright

Action