U.S. Department of Defense, National Guard Bureau, North Carolina Air National Guard, Charlotte, North Carolina and John A. Teague, Jr. (Authority decision, August 27, 1992)
North Carolina Air National Guard and John Teague (FLRA AT-DR-20035): Early decertification appeal dismissed
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This is citable Authority precedent from 1992, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.
FLRA representation decision. The Authority dismisses an application for review of an interim regional order without prejudice. The regional director has not decided the decertification petition's merits, and this order does not end that proceeding. This banner does not present the judicial-review period in 5 U.S.C. § 7123(a) as running from this interlocutory order.
Plain-English summary
The Association of Civilian Technicians sought Authority review after an acting regional director refused to dismiss John Teague's decertification petition. The regional order addressed only the union's motion to dismiss, leaving the petition's merits undecided. The Authority held that the union's application was an interlocutory appeal, which it ordinarily does not consider under its regulations. It dismissed the application without prejudice to a new request for review after a final regional decision on the petition.
Decision snapshot
- Authority: 5 C.F.R. § 2429.11.
- Outcome: Application for review dismissed without prejudice; the decertification petition remains pending before the regional director.
- Key point: The Authority ordinarily will not review a preliminary regional order before the merits of a decertification petition are decided.
Full text (FLRA public release)
[ v45 p978 ]
45:0978(98)DR
The decision of the Authority follows:
45 FLRA NO. 98
FEDERAL LABOR RELATIONS AUTHORITY
WASHINGTON, D.C.
U.S. DEPARTMENT OF DEFENSE
NATIONAL GUARD BUREAU
NORTH CAROLINA AIR NATIONAL GUARD
CHARLOTTE, NORTH CAROLINA
(Activity/Agency)
and
JOHN A. TEAGUE, JR.
(Petitioner)
AT-DR-20035
ORDER DISMISSING APPLICATION FOR REVIEW
August 27, 1992
The Association of Civilian Technicians (Union) has filed an
application for review of the Acting Regional Director's Order in the above-captioned case. For the reasons set out below, the Union's application is interlocutory and must be dismissed.
On June 11, 1992, the Union filed with the Acting Regional
Director a motion to dismiss the petition for decertification in the above-captioned case. On June 22, 1992, the Acting Regional Director issued an Order denying the Union's motion to dismiss. The Acting Regional Director's June 22 Order denying the Union's motion to dismiss does not address and decide the merits of the petition for decertification. Therefore, the Union's application for review of the June 22 Order is interlocutory.
The Authority "ordinarily will not consider interlocutory
appeals." 5 C.F.R. § 2429.11. An interlocutory appeal concerns a ruling which is preliminary to final disposition of a matter.
Accordingly, the Union's application for review is dismissed
without prejudice to the Union to refile an application for review with the Authority after a final decision and order is issued on the merits of the petition in the above-captioned case.
For the Authority.
Alicia N. Columna
Director, Case Control Office
FOOTNOTES:
(If blank, the decision does not
have footnotes.)
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