American Federation of Government Employees, Local 2109, AFL-CIO (Union) and Veterans Administration, Olin E. Teague Veterans Administration Center, Temple, Texas (Activity) (Authority decision, August 27, 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 Temple Veterans Administration union filed a negotiability petition that lacked information required by the Authority’s rules. The Authority identified the deficiencies and gave the union twenty one days to complete the appeal. The union did not comply. The Authority dismissed the petition without reaching any negotiability merits.

Decision snapshot

• Authority: 5 U.S.C. § 7105(a)(2)(E).
• Outcome: Negotiability petition dismissed for uncorrected filing defects.
• Key point: The union did not complete the appeal after notice and time to cure.

Full text (FLRA public release)

[ v06 p464 ]

06:0464(84)NG

The decision of the Authority follows:

6 FLRA No. 84

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 2109
(Union)

and

VETERANS ADMINISTRATION
OLIN E. TEAGUE VETERANS
ADMINISTRATION CENTER
TEMPLE, TEXAS
(Activity)

Case No. O-NG-414

ORDER DISMISSING NEGOTIABILITY APPEAL

THIS MATTER IS BEFORE THE AUTHORITY PURSUANT TO A PETITION FOR REVIEW
OF A NEGOTIABILITY ISSUE FILED BY THE AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 2109 (THE UNION). BY AUTHORITY LETTER OF
JANUARY 30, 1981, THE UNION WAS ADVISED THAT PRELIMINARY EXAMINATION OF
THE PETITION DISCLOSED A NUMBER OF APPARENT DEFICIENCIES IN MEETING
VARIOUS REQUIREMENTS OF THE RULES AND REGULATIONS OF THE AUTHORITY. THE
PERTINENT SECTIONS OF THE RULES AND REGULATIONS WERE 2424.4(A)(3) AND
2424.4(B).

THE UNION WAS ALSO ADVISED IN THE AUTHORITY'S LETTER:

FURTHER PROCESSING OF THE UNION'S APPEAL IS CONTINGENT UPON
COMPLIANCE WITH THE PROVISIONS

OF THE AUTHORITY'S REGULATIONS. ACCORDINGLY, YOU ARE HEREBY GRANTED
21 DAYS FROM THE DATE OF

THIS LETTER TO COMPLY AND COMPLETE THE APPEAL.

FAILURE TO COMPLY WITH THE ABOVE REQUIREMENTS WITHIN THE TIME LIMIT
PROVIDED MAY RESULT IN

DISMISSAL OF THE APPEAL.

THE UNION FAILED TO COMPLY WITH THE AUTHORITY'S NOTICE AND COMPLETE
ITS APPEAL WITHIN THE TIME PROVIDED. ACCORDINGLY,

IT IS HEREBY ORDERED, THAT THE UNION'S PETITION FOR REVIEW HEREIN BE,
AND IT HEREBY IS, DISMISSED.

FOR THE AUTHORITY.

ISSUED WASHINGTON, D.C., AUGUST 27, 1981

JAMES J. SHEPARD, EXECUTIVE DIRECTOR