Louisiana Army National Guard, New Orleans (Authority decision, January 25, 1979)

Final FLRA decision under Executive Order 11491. The Authority dismissed an agency petition to review an Assistant Secretary representation decision for failure to meet a procedural requirement. The decision applies the transition rules and does not address judicial review.

Plain-English summary

The Louisiana Army National Guard sought Authority review of an Assistant Secretary decision. Under the applicable rule, an agency petition needed approval from the agency head or a designee. The Authority said the Department of Defense was the relevant agency for that approval and had declined to authorize the petition. It dismissed the petition without reaching the underlying representation issue.

Decision snapshot

• Authority: 5 C.F.R. § 2411.42 (1978).
• Outcome: Agency petition for review dismissed.
• Key point: The Department of Defense did not approve submission of the Guard's petition.

Full text (FLRA public release)

[ v01 p78 ]

01:0078(2)RO

The decision of the Authority follows:

1 FLRA No. 2
JANUARY 25, 1979

CAPTAIN THOMAS K. KIRKPATRICK
KIRKPATRICK, KEYSER AND KIRKPATRICK
ATTORNEYS AT LAW
5551 CORPORATE BOULEVARD, SUITE 2A
BATON ROUGE, LOUISIANA 70808

RE: LOUISIANA ARMY NATIONAL GUARD,
NEW ORLEANS, LOUISIANA, A/SLMR
No. 1117, FLRC No. 78A-134

DEAR CAPTAIN KIRKPATRICK:

THIS REFERS TO YOUR PETITION FILED ON BEHALF OF THE LOUISIANA ARMY
NATIONAL GUARD, SEEKING REVIEW OF THE ASSISTANT SECRETARY'S DECISION IN
THE ABOVE-ENTITLED CASE. FOR THE REASON INDICATED BELOW, THE AUTHORITY
HAS DISMISSED YOUR PETITION FOR REVIEW.

SECTION 2411.42 OF THE AUTHORITY'S RULES OF PROCEDURE (FORMERLY
SECTION 2411.42 OF THE RULES OF PROCEDURE OF THE FEDERAL LABOR RELATIONS
COUNCIL, APPLICABLE HERE PURSUANT TO AND AS AMENDED BY SECTION 2400.2 OF
THE RULES OF PROCEDURE OF THE AUTHORITY (COPY ENCLOSED) PROVIDES, AS
HERE RELEVANT:

SECTION 2411.42 APPROVAL OF SUBMISSION.

. . . (T)HE AUTHORITY SHALL CONSIDER A PETITION FROM AN AGENCY . . .
ONLY WHEN THE HEAD OF

THE AGENCY (OR HIS DESIGNEE) . . . HAS APPROVED SUBMISSION OF THE
PETITION.

YOU WERE ORALLY INFORMED OF THAT PROCEDURAL REQUIREMENT. HOWEVER, NO
SUBMISSION HAS BEEN MADE IN COMPLIANCE THEREWITH. ON THE CONTRARY, WE
HAVE BEEN ADVISED THAT THE DEPARTMENT OF DEFENSE, THE "AGENCY" FOR
PURPOSES OF APPROVAL OF SUBMISSION OF ANY APPEAL ON BEHALF OF THE
ACTIVITY IN THIS CASE, HAS DECLINED TO APPROVE THE SUBMISSION OF YOUR
INSTANT PETITION FOR REVIEW. ACCORDINGLY, YOUR PETITION FOR REVIEW OF
THE SUBJECT DECISION OF THE ASSISTANT SECRETARY IS HEREBY DISMISSED.

FOR THE AUTHORITY.

SINCERELY,

HAROLD D. KESSLER

DEPUTY EXECUTIVE DIRECTOR

ENCLOSURE

CC: I. GELLER

NFFE