American Federation of Government Employees, Local 505, AFL-CIO (Union) and Department of Justice, Immigration and Naturalization Service, Los Angeles, California (Activity) (Authority decision, September 29, 1981)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority. An aggrieved person may seek judicial review by filing a petition in an appropriate United States court of appeals within 60 days after issuance under 5 U.S.C. § 7123(a). Filing a petition does not stay the Authority's order unless the court orders a stay under 5 U.S.C. § 7123(c).

Plain-English summary

A union sought negotiability review of a dispute at the Los Angeles immigration office. After a related unfair labor practice case concluded, the Authority identified deficiencies in the union’s petition and gave it time to correct them. The union made no submission by the deadline. The Authority dismissed the appeal without reaching the merits.

Decision snapshot

• Authority: 5 U.S.C. § 7105(a)(2)(E).
• Outcome: Negotiability appeal dismissed for failure to correct filing defects.
• Key point: The union did not complete its petition after specific notice of the deficiencies.

Full text (FLRA public release)

[ v06 p709 ]

06:0709(125)NG

The decision of the Authority follows:

6 FLRA No. 125

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 505
(Union)

and

DEPARTMENT OF JUSTICE, IMMIGRATION
AND NATURALIZATION SERVICE,
LOS ANGELES, CALIFORNIA
(Activity)

Case No. O-NG-349

ORDER DISMISSING NEGOTIABILITY APPEAL

BY AUTHORITY LETTER OF JULY 16, 1981, THE PARTIES IN THE
ABOVE-ENTITLED CASE WERE ADVISED THAT DUE TO THE COMPLETION OF THE
PROCESSING OF A RELATED UNFAIR LABOR PRACTICE CASE (CASE NO. 8-CA-585),
PROCESSING OF THE ABOVE-ENTITLED NEGOTIABILITY CASE WAS BEING RESUMED.
ADDITIONALLY, THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO,
LOCAL 505 (THE UNION) WAS ADVISED THAT EXAMINATION OF ITS PETITION FOR
REVIEW DISCLOSED A NUMBER OF APPARENT DEFICIENCIES IN MEETING CERTAIN
REQUIREMENTS OF THE AUTHORITY'S RULES AND REGULATIONS. SPECIFICALLY,
THE UNION'S APPEAL FAILED TO COMPLY WITH THE REQUIREMENTS OF SECTIONS
2424.4(A)(1), 2424.4(B) AND 2429.25 (5 CFR 2424.4(A)(1), 2424.4(B) AND
2429.25(1981)).

THE UNION WAS ALSO ADVISED IN THE AUTHORITY'S LETTER THAT FURTHER
PROCESSING OF THE APPEAL WAS CONTINGENT UPON COMPLIANCE WITH THE
DESIGNATED PROVISIONS OF THE AUTHORITY'S REGULATIONS. IN THIS REGARD,
THE UNION WAS INFORMED OF THE SPECIFIC ACTIONS THAT HAD TO BE TAKEN TO
COMPLY AND COMPLETE THE APPEAL, AND WAS AFFORDED TIME IN WHICH TO TAKE
THOSE ACTIONS. FINALLY, THE UNION WAS ADVISED THAT FAILURE TO COMPLY
WITH THE CITED REQUIREMENTS WITHIN THE TIME LIMIT PROVIDED COULD RESULT
IN DISMISSAL OF THE APPEAL.

THE UNION HAS MADE NO SUBMISSION WITHIN THE TIME LIMIT PROVIDED.
ACCORDINGLY, IT IS HEREBY ORDERED THAT THE APPEAL BE, AND IT HEREBY IS,
DISMISSED FOR FAILURE TO COMPLY WITH THE AUTHORITY'S REGULATIONS.

FOR THE AUTHORITY.

ISSUED, WASHINGTON, D.C., SEPTEMBER 29, 1981

JAMES J. SHEPARD, EXECUTIVE DIRECTOR