Department of Health and Human Services, Social Security Administration, Kenosha, Wisconsin and American Federation of Government Employees, Local 1346 (Authority decision, November 30, 1988)

Final FLRA representation decision. The Authority states that the regional director's unit clarification decision became its action because review was not granted within 60 days. The text then says the petition is dismissed, although it earlier describes the regional director as having granted the clarification petition. The published order does not resolve that wording conflict. Section 7123(a)(2) excludes orders involving appropriate-unit determinations from the ordinary 60-day judicial-review provision.

Plain-English summary

A regional director issued a decision on AFGE Local 1346's unit clarification petition involving the Social Security Administration in Kenosha. The Authority's order says the regional director granted the petition and the union filed a timely review application. Because the Authority did not grant review within the statutory 60 days, the regional decision became the Authority's action on November 21, 1988. The closing line nevertheless says the petition is dismissed. The published text does not explain that difference, so the exact effect on the requested clarification is unclear from this order alone.

Decision snapshot

• Authority: Representation review under 5 U.S.C. § 7105(f).
• Outcome: Regional director's decision became Authority action; closing dismissal language conflicts with the stated regional grant.
• Key point: The Authority did not grant review within 60 days, triggering the statutory default rule.

Full text (FLRA public release)

[ v33 p836 ]
33:0836(101)CU

The decision of the Authority follows:

33 FLRA No. 101

FEDERAL LABOR RELATIONS
AUTHORITY

WASHINGTON, D.C.

DEPARTMENT OF HEALTH AND HUMAN
SERVICES

SOCIAL SECURITY
ADMINISTRATION

KENOSHA, WISCONSIN

(Activity)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES

LOCAL 1346, AFL-CIO

(Labor
Organization/Petitioner)

5-CU-80007

ORDER

The Regional Director issued his Decision and Order on
Petition for Clarification of Unit in this case on September 13, 1988, granting
the petition to clarify the unit. The American Federation of Government
Employees, Local 1346, AFL-CIO (the Petitioner) filed a timely application for
review.

The Authority did not grant review of the Regional
Director's Decision and Order on Petition for Clarification of Unit within the
60-day time limit prescribed in section 7105(f) of the Federal Service
Labor-Management Relations Statute.

Therefore, in accordance with section 7105(f), the
Decision and Order on Petition for Clarification of Unit of the Regional
Director became the action of the Authority on November 21, 1988.

Accordingly, the petition is dismissed.

For the Authority.

Issued, Washington, D.C.,

________
Clyde B. Blandford,
Jr.
Acting Executive Director

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