National Association of Government Employees, Local R1-274 and Veterans Administration Medical Center, Northampton, Massachusetts (Authority decision, August 4, 1983)

Final FLRA decision. The Authority dismissed this negotiability appeal without deciding whether the proposal was within the duty to bargain. An aggrieved person may seek judicial review of a final Authority order in an appropriate United States court of appeals within 60 days after issuance under 5 U.S.C. § 7123(a).

Plain-English summary

The union filed a negotiability appeal involving the Northampton Veterans Administration Medical Center. The Authority told the union that its petition lacked information required by several filing rules and gave it time to correct the deficiencies. The union made no submission within that period. The Authority dismissed the appeal without reaching the negotiability questions.

Decision snapshot

• Authority: Negotiability appeal under 5 U.S.C. §§ 7105(a)(2)(E) and 7117(c).
• Outcome: Appeal dismissed for failure to complete the required filing.
• Key point: A petition that remained deficient after notice was dismissed without a merits ruling.

Full text (FLRA public release)

[ v12 p468 ]

12:0468(91)NG

The decision of the Authority follows:

12 FLRA No. 91

NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES, LOCAL R1-274
(Union)

and

VETERANS ADMINISTRATION MEDICAL
CENTER, NORTHAMPTON, MASSACHUSETTS
(Activity)

Case No. O-NG-732

ORDER DISMISSING NEGOTIABILITY APPEAL

This matter is before the Authority on a petition for review of negotiability issues filed by Local R1-274 of the National Association of Government Employees (union) pursuant to section 7117(c)(2) of the Federal Service Labor-Management Relations Statute and sections 2424.3 and 2424.4 of the Authority's Rules and Regulations. By Authority letter of May 25, 1983, the Union was informed that preliminary examination of the petition for review in the above-captioned case disclosed a number of apparent deficiencies in meeting certain requirements of the Authority's Rules and Regulations. Specifically, as was noted in the Authority's letter, the union's appeal failed to comply with the requirements of sections 2424.4(a)(2), 2424.4(a)(4), 2424.4(b), 2424.5, and 2429.27(c).

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, the appeal is hereby dismissed for failure to comply with the Authority's Regulations. For the Authority. Issued, Washington, D.C., August 4, 1983 James J. Shepard, Executive Director