U.S. Department of Health and Human Services, Social Security Administration, Lancaster Branch Office, Lancaster, Ohio and American Federation of Government Employees, AFL-CIO (Authority decision, May 25, 1994)
SSA Lancaster and AFGE (FLRA CH-CU-30046): Nonparties cannot seek review of unit decision
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Final FLRA decision. This Authority order dismisses the individuals' application for review and ends that application. It does not decide the merits of the regional director's unit decision. Under 5 U.S.C. § 7123(a)(2), orders involving appropriate-unit determinations under § 7112 are excluded from judicial review.
Plain-English summary
Five individuals asked the Authority to review a regional director's decision in a case involving the SSA Lancaster Branch Office and AFGE. The Authority asked them to show that they had participated as parties before the regional director. Their timely response did not provide that documentation. The Authority held that only a party to the regional proceeding could seek review under its regulation. It dismissed the application for lack of standing without addressing the regional director's ruling.
Decision snapshot
- Authority: Party standing to seek review under 5 C.F.R. § 2422.17(a).
- Outcome: Application for review dismissed.
- Key point: Individuals who did not show that they were parties before the regional director could not apply for Authority review.
Full text (FLRA public release)
[ v49 p1122 ]
49:1122(106)CU
The decision of the Authority follows:
49 FLRA No. 106
FEDERAL LABOR RELATIONS AUTHORITY
WASHINGTON, D.C.
U.S. DEPARTMENT OF HEALTH AND HUMAN
SERVICES
SOCIAL SECURITY ADMINISTRATION
LANCASTER BRANCH OFFICE
LANCASTER, OHIO
(Agency)
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES
AFL-CIO
(Exclusive Representative/Petitioner)
CH-CU-30046
ORDER DISMISSING APPLICATION FOR
REVIEW
May 25, 1994
Five individuals (Joann Fetters, Jean Bush, Joyce Grimmitt, James N. Barrett and Marie Gamertsfelder) filed an application for review of the Regional Director's Decision and Order in the above-captioned case. For the reasons set out below, the application for review must be dismissed.
The Authority's Regulations provide that "a party may file an application for review of the Regional Director's Decision and Order with the Authority[.]" 5 C.F.R. § 2422.17(a). There is no indication in the record that the individuals participated as a "party" in the proceeding before the Regional Director.
On May 6, 1994, the Authority directed the individuals to show cause why their application for review should not be dismissed for lack of standing to file an application, and to correct certain procedural deficiencies.
The individuals filed a timely response to the Authority's Order. However, the individuals have failed to provide documentation to show that they participated as parties in this case.
As the individuals were not a party to the proceeding, the individuals are without standing under 5 C.F.R. § 2422.17(a) to file an application for review of the Regional Director's Decision and Order in the above-captioned case.
Accordingly, the individuals' application is dismissed.
For the Authority.
_____
Alicia N. Columna
Director, Case Control
Office
FOOTNOTES:
(If blank, the decision does not
have footnotes.)
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