District of Columbia Police Association and U.S. Department of the Interior, United States Park Police (Authority decision, July 23, 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 Park Police union received a letter identifying defects in its negotiability petition and explaining how to correct them. It made no submission within the allowed time. The Authority dismissed the appeal for failure to comply with its filing regulations, without deciding the proposal’s negotiability.

Decision snapshot

• Authority: 5 C.F.R. § 2424.4.
• Outcome: Negotiability appeal dismissed for uncorrected filing defects.
• Key point: Failure to cure identified petition defects prevented review.

Full text (FLRA public release)

[ v06 p326 ]

06:0326(58)NG

The decision of the Authority follows:

6 FLRA No. 58

MR. GRANT E. MORRIS
O'CONNOR AND HANNAN
ATTORNEYS AT LAW
1919 PENNSYLVANIA AVENUE, NW.
SUITE 800
WASHINGTON, D.C. 20006

RE: DISTRICT OF COLUMBIA POLICE
ASSOCIATION AND U.S. DEPARTMENT OF
THE INTERIOR, UNITED STATES PARK
POLICE, Case No. O-NG-407

DEAR MR. MORRIS:

BY AUTHORITY LETTER OF JANUARY 15, 1981, YOU WERE ADVISED THAT
PRELIMINARY EXAMINATION OF YOUR PETITION FOR REVIEW IN THE
ABOVE-ENTITLED CASE DISCLOSED A NUMBER OF APPARENT DEFICIENCIES IN
MEETING CERTAIN REQUIREMENTS OF THE AUTHORITY'S RULES AND REGULATIONS (A
COPY OF WHICH WAS ENCLOSED FOR YOUR INFORMATION). SPECIFICALLY, AS WAS
NOTED IN THE AUTHORITY'S LETTER, YOUR APPEAL FAILED TO COMPLY WITH THE
REQUIREMENTS OF SECTIONS 2424.4(A)(1), 2424.4(A)(2) AND 2424.4(B) (5 CFR
2424.4(A)(1), 2424.4(A)(2) AND 2424.4(B)(1981)).

YOU WERE 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,
YOU WERE INFORMED OF THE SPECIFIC ACTIONS THAT HAD TO BE TAKEN TO COMPLY
AND COMPLETE THE APPEAL, AND YOU WERE AFFORDED TIME IN WHICH TO TAKE
THOSE ACTIONS. FINALLY, YOU WERE ADVISED THAT FAILURE TO COMPLY WITH
THE CITED REQUIREMENTS WITHIN THE TIME LIMIT PROVIDED COULD RESULT IN
DISMISSAL OF THE APPEAL.

YOU HAVE MADE NO SUBMISSION WITHIN THE TIME LIMIT PROVIDED.
ACCORDINGLY, YOUR APPEAL IS HEREBY DISMISSED FOR FAILURE TO COMPLY WITH
THE AUTHORITY'S REGULATIONS.

FOR THE AUTHORITY.

SINCERELY,

JAMES J. SHEPARD

EXECUTIVE DIRECTOR

CC: J. WATT
INTERIOR
S. LYNCH
INTERIOR