Social Security Administration Headquarters, Baltimore, Maryland (Respondent) and American Federation of Government Employees, Local 1923, AFL-CIO (Complainant) (Authority decision, April 14, 1980)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority. An aggrieved person may seek judicial review by filing a petition in an appropriate United States court of appeals within 60 days after issuance under 5 U.S.C. § 7123(a). Filing a petition does not stay the Authority's order unless the court orders a stay under 5 U.S.C. § 7123(c).

Plain-English summary

A union alleged that Social Security Administration officials assigned work discriminatorily because of union activity. The complainant failed to appear at the scheduled hearing, and the administrative law judge recommended dismissal for lack of prosecution. The Authority rejected the union’s late request to withdraw the complaint and adopted the judge’s dismissal.

Decision snapshot

• Authority: 5 U.S.C. § 7135(b).
• Outcome: Judge’s dismissal for lack of prosecution adopted.
• Key point: The complaint ended after the complainant missed the hearing.

Full text (FLRA public release)

[ v03 p72 ]

03:0072(11)CA

The decision of the Authority follows:

3 FLRA No. 11

SOCIAL SECURITY ADMINISTRATION,
HEADQUARTERS, BALTIMORE, MARYLAND
Respondent

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1923, AFL-CIO
Complainant

Assistant Secretary
Case No. 22-09141(CA)

DECISION AND ORDER

ON DECEMBER 4, 1979, ADMINISTRATIVE LAW JUDGE BURTON S. STERNBURG
ISSUED HIS RECOMMENDED DECISION AND ORDER IN THE ABOVE-ENTITLED
PROCEEDING, RECOMMENDING THAT THE COMPLAINT BE DISMISSED IN ITS ENTIRETY
FOR WANT OF PROSECUTION. COMPLAINANT FILED EXCEPTIONS TO THE
RECOMMENDED DECISION AND ORDER. ALTHOUGH THE COMPLAINANT MERELY
EXPLAINS THE REASON FOR FAILING TO APPEAR AT THE HEARING AND REQUESTS
PERMISSION TO WITHDRAW THE COMPLAINT. UNDER THE CIRCUMSTANCES, THE
REQUEST TO WITHDRAW THE COMPLAINT IS UNTIMELY AND, THEREFORE, DENIED.
COMPLAINANT'S COMMUNICATION HAS BEEN TREATED AS GENERAL EXCEPTIONS TO
THE ADMINISTRATIVE LAW JUDGE'S RECOMMENDED DECISION AND ORDER.

THE FUNCTIONS OF THE ASSISTANT SECRETARY OF LABOR FOR
LABOR-MANAGEMENT RELATIONS, UNDER EXECUTIVE ORDER 11491, AS AMENDED,
WERE TRANSFERRED TO THE AUTHORITY UNDER SEC. 304 OF REORGANIZATION PLAN
NO. 2 OF 1978 (43 F.R. 36040), WHICH TRANSFER OF FUNCTIONS IS
IMPLEMENTED BY SEC. 2400.2 OF THE AUTHORITY'S RULES AND REGULATIONS (45
F.R. 3482, JANUARY 17, 1980). THE AUTHORITY CONTINUES TO BE RESPONSIBLE
FOR THE PERFORMANCE OF THESE FUNCTIONS AS PROVIDED IN SEC. 7135(B) OF
THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (92 STAT. 1215).

THEREFORE, PURSUANT TO SEC. 2400.2 OF THE AUTHORITY'S RULES AND
REGULATIONS AND SEC. 7135(B) OF THE STATUTE, THE AUTHORITY HAS REVIEWED
THE RULINGS OF THE ADMINISTRATIVE LAW JUDGE MADE AT THE HEARING AND
FINDS THAT NO PREJUDICIAL ERROR WAS COMMITTED. THE RULINGS ARE HEREBY
AFFIRMED. UPON CONSIDERATION OF THE ADMINISTRATIVE LAW JUDGE'S
RECOMMENDED DECISION AND ORDER AND THE ENTIRE RECORD IN THE SUBJECT
CASE, INCLUDING THE COMPLAINANT'S EXCEPTIONS, THE AUTHORITY HEREBY
ADOPTS THE ADMINISTRATIVE LAW JUDGE'S FINDINGS, CONCLUSIONS AND
RECOMMENDATION. /1/

ORDER

IT IS HEREBY ORDERED THAT THE COMPLAINT IN ASSISTANT SECRETARY CASE
NO. 22-09141(CA) BE AND IT HEREBY IS, DISMISSED.

ISSUED, WASHINGTON, D.C., APRIL 14, 1980

RONALD W. HAUGHTON, CHAIRMAN

HENRY B. FRAZIER III, MEMBER

LEON B. APPLEWHAITE, MEMBER

FEDERAL LABOR RELATIONS AUTHORITY

JOHN BARRETT

LABOR RELATIONS SPECIALIST

SOCIAL SECURITY ADMINISTRATION

DIVISION OF LABOR RELATIONS

G-314 WEST HIGH RISE BUILDING

6401 SECURITY BOULEVARD

BALTIMORE, MARYLAND 21235

FOR THE RESPONDENT

BEFORE: BURTON S. STERNBURG

ADMINISTRATIVE LAW JUDGE

DECISION AND ORDER

PURSUANT TO A COMPLAINT FILED ON JULY 27, 1978, UNDER EXECUTIVE ORDER
11491, AS AMENDED, BY THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
LOCAL 1923, AFL-CIO, (HEREINAFTER CALLED THE UNION OR COMPLAINANT),
AGAINST THE SOCIAL SECURITY ADMINISTRATION, HEADQUARTERS, (HEREINAFTER
CALLED THE RESPONDENT OR ACTIVITY), A NOTICE OF HEARING ON COMPLAINT WAS
ISSUED BY THE REGIONAL DIRECTOR FOR THE WASHINGTON, D.C. REGION OF THE
FEDERAL LABOR RELATIONS AUTHORITY ON OCTOBER 23, 1979.

THE COMPLAINT ALLEGES, IN SUBSTANCE, THAT THE RESPONDENT VIOLATED
SECTIONS 19(A)(1) AND (2) OF EXECUTIVE ORDER 11491, AS AMENDED, BY
VIRTUE OF ITS ACTIONS IN DISCRIMINATING AGAINST MR. N. A. STEVE DARDEN
WITH RESPECT TO THE ASSIGNMENT OF WORK BECAUSE OF MR. DARDEN'S UNION
ACTIVITIES.

PURSUANT TO THE ABOVE "NOTICE OF HEARING", WHICH WAS DULY SERVED UPON
COMPLAINANT, A HEARING IN THE CAPTIONED MATTER WAS CONVENED AT 10:00
A.M. ON NOVEMBER 20, 1979, IN ROOM 1011, FALLON FEDERAL OFFICE BUILDING,
HOPKINS PLAZA, BALTIMORE, MARYLAND. REPRESENTATIVES OF THE RESPONDENT
AND A NUMBER OF WITNESSES, SOME OF WHOM HAD BEEN REQUESTED BY THE
COMPLAINANT, APPEARED AT THE HEARING. COMPLAINANT, HOWEVER, FAILED TO
MAKE AN APPEARANCE. AFTER WAITING SOME THIRTY-FIVE MINUTES AND
ATTEMPTING UNSUCCESSFULLY TO REACH COMPLAINANT BY TELEPHONE CONTACTS
WITH MR. DARDEN'S PLACE OF EMPLOYMENT, THE UNION'S OFFICE AND THE
AUTHORITY'S REGIONAL OFFICE, THE UNDERSIGNED CLOSED THE HEARING AFTER
PUTTING IN THE FORMAL PAPERS.

UPON THE BASIS OF THE FOREGOING, IT IS HEREBY RECOMMENDED THAT THE
COMPLAINT BE DISMISSED FOR LACK OF PROSECUTION.

RECOMMENDED ORDER

IT IS HEREBY ORDERED THAT THE COMPLAINT BE DISMISSED IN ITS ENTIRETY.

BURTON S. STERNBURG

ADMINISTRATIVE LAW JUDGE

DATED: DECEMBER 4, 1979

WASHINGTON, D.C.

/1/ IN CONFORMITY WITH SEC. 902(B) OF THE CIVIL SERVICE REFORM ACT OF
1978 (92 STAT. 1224), THE PRESENT CASE IS DECIDED SOLELY ON THE BASIS OF
E.O. 11491, AS AMENDED, AND AS IF THE NEW FEDERAL SERVICE
LABOR-MANAGEMENT RELATIONS STATUTE (92 STAT. 1191) HAD NOT BEEN ENACTED.
THE DECISION AND ORDER DOES NOT PREJUDGE IN ANY MANNER EITHER THE
MEANING OR APPLICATION OF RELATED PROVISIONS IN THE NEW STATUTE OR THE
RESULT WHICH WOULD BE REACHED BY THE AUTHORITY IF THE CASE HAD ARISEN
UNDER THE STATUTE RATHER THAN THE EXECUTIVE ORDER.