Department of the Air Force, Air Force Logistics Command, Ogden Air Force Base, Utah (Respondent) and American Federation of Government Employees, Local 1592 (Charging Party) and Office of Personnel Management (Intervenor) (Authority decision, September 25, 1981)

FLRA interlocutory decision. The Authority returned this pending unfair labor practice case to the judge for a merits decision. This remand does not finally decide the allegations and does not start the ordinary 60-day judicial-review period under 5 U.S.C. § 7123(a).

Plain-English summary

The parties in an Ogden Air Force Base unfair labor practice case stipulated facts at the hearing and asked to send the case directly to the Authority. The judge did so without issuing a merits decision. The Authority held that its rules required a judge decision even on a stipulated hearing record. It returned the case to the judge to prepare a merits decision; the unfair labor practice claim remained pending.

Decision snapshot

• Authority: 5 U.S.C. § 7118.
• Outcome: Case remanded to the judge for a merits decision.
• Key point: A hearing stipulation did not excuse the judge from issuing a decision.

Full text (FLRA public release)

[ v06 p704 ]

06:0704(122)CA

The decision of the Authority follows:

6 FLRA No. 122

DEPARTMENT OF THE AIR FORCE
AIR FORCE LOGISTICS COMMAND
OGDEN AIR FORCE BASE, UTAH
Respondent

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 1592
Charging Party

and

OFFICE OF PERSONNEL MANAGEMENT
Intervenor

Case No. 7-CA-426

ORDER REMANDING CASE

THIS MATTER IS BEFORE THE FEDERAL LABOR RELATIONS AUTHORITY PURSUANT
TO THE REGIONAL DIRECTOR'S TRANSFER OF THE CASE UNDER SECTION 2429.1 OF
THE AUTHORITY'S RULES AND REGULATIONS. /1/ THE CASE CAME BEFORE AN
ADMINISTRATIVE LAW JUDGE FOR HEARING. AT THE HEARING THE GENERAL
COUNSEL AND RESPONDENT ENTERED INTO THE RECORD A STIPULATION OF FACTS,
AND, WITH THE CHARGING PARTY, REQUESTED THAT THE CASE BE FORWARDED
DIRECTLY TO THE AUTHORITY FOR DECISION. DURING THE HEARING THE JUDGE
REMANDED THE CASE TO THE REGIONAL DIRECTOR FOR SUBMISSION TO THE
AUTHORITY. THE CHARGING PARTY OBJECTED TO THE RELEVANCE OF CERTAIN
ITEMS OF EVIDENCE SUBMITTED TO SUPPORT THE STIPULATION. THE JUDGE
REJECTED THOSE ITEMS OF EVIDENCE AS IRRELEVANT AND PLACED THEM IN THE
REJECTED EXHIBITS FILE. HE FURTHER NOTED HE DID NOT REGARD AS RELEVANT
THAT PORTION OF THE STIPULATION OF FACTS WHICH WAS SUPPORTED BY THE
REJECTED EXHIBITS. THE ACTIVITY EXCEPTED TO THE RULING. SUBSEQUENT TO
THE HEARING, THE CHARGING PARTY CONFIRMED ITS AGREEMENT, MADE AT THE
HEARING, TO JOIN IN THE STIPULATION, NOTING HOWEVER THAT ONE PARAGRAPH
HAD BEEN DEEMED IRRELEVANT BY THE JUDGE.

THE AUTHORITY FINDS THAT THE JUDGE'S REMAND TO THE REGIONAL DIRECTOR
FOR TRANSFER OF THE CASE WAS PROHIBITED BY REGULATION AND WAS THEREFORE
IMPROPER. SECTION 2423.26(A) OF THE AUTHORITY'S RULES AND REGULATIONS
EXPRESSLY PROVIDES THAT "THE ADMINISTRATIVE LAW JUDGE SHALL PREPARE A
DECISION EVEN WHEN THE PARTIES ENTER INTO A STIPULATION OF FACT AT THE
HEARING . . .." HERE, THE PARTIES AGREED TO A STIPULATION OF FACT AT
THE HEARING. THEREFORE, THE REMAND TO THE REGIONAL DIRECTOR FOR
TRANSFER OF THE CASE TO THE AUTHORITY BY THE JUDGE WITHOUT A DECISION
WAS CONTRARY TO THE AUTHORITY'S RULES AND REGULATIONS. U.S. ARMY HEALTH
CLINIC, FORT RITCHIE, MARYLAND, 5 FLRA NO. 61(1981).

ACCORDINGLY, THE AUTHORITY HEREBY REMANDS THIS CASE TO THE JUDGE FOR
THE PREPARATION OF A DECISION ON THE MERITS.

ISSUED, WASHINGTON, D.C., SEPTEMBER 25, 1981

RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
LEON B. APPLEWHAITE, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY

--------------- FOOTNOTES: ---------------

/1/ SECTION 2429.1 PROVIDES, IN PERTINENT PART:

(A) . . . IN ANY UNFAIR LABOR PRACTICE CASE UNDER PART 2423 OF THIS
SUBCHAPTER IN WHICH, AFTER THE ISSUANCE OF A COMPLAINT, THE REGIONAL
DIRECTOR DETERMINES, BASED UPON A STIPULATION BY THE PARTIES, THAT NO
MATERIAL ISSUE OF FACT EXISTS, THE REGIONAL DIRECTOR MAY UPON AGREEMENT
OF ALL PARTIES TRANSFER THE CASE TO THE AUTHORITY(.)