U.S. Department of the Interior, Bureau of Reclamation, Grand Coulee Project Office and Columbia Basin Trades Council (Authority decision, May 19, 1983)

Final FLRA decision. The Authority dismissed this negotiability appeal without a merits ruling. 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 Columbia Basin Trades Council filed a negotiability appeal involving the Grand Coulee Project Office. The Authority identified several missing items required by its filing rules and told the union how and when to complete the petition. The union submitted nothing by the deadline. The Authority dismissed the appeal for failure to comply with its procedures, without deciding negotiability.

Decision snapshot

• Authority: Negotiability appeal under 5 U.S.C. § 7117(c)(2) and Authority filing rules.
• Outcome: Appeal dismissed for failure to cure filing deficiencies.
• Key point: The union did not respond after the Authority identified defects and set a deadline.

Full text (FLRA public release)

[ v12 p66 ]

12:0066(21)NG

The decision of the Authority follows:

12 FLRA No. 21

U.S. DEPARTMENT OF THE INTERIOR,
BUREAU OF RECLAMATION, GRAND
COULEE PROJECT OFFICE
(Activity)

and

COLUMBIA BASIN TRADES COUNCIL
(Union)

Case No. O-NG-797

ORDER DISMISSING PETITION FOR REVIEW

This matter is before the Authority on a petition for review of a negotiability issue filed on behalf of the union pursuant to section 7117(c)(2) of the Federal Service Labor-Management Relations Statute (5 U.S.C. 7101 et seq.) and Parts 2424 and 2429 of the Authority's Rules and Regulations (5 CFR Parts 2424 and 2429 (1982)). By Authority letter dated March 17, 1983, the union was informed that preliminary examination of the petition for review in this case disclosed a number of apparent deficiencies in meeting certain requirements in the Authority's rules of procedure. Specifically, as was noted in the Authority's letter, the union's appeal failed to comply with sections 2424.4(a)(1), 2424.4(a)(2), 2424.4(a)(3), 2424.4(a)(4), 2424.4(b), 2424.5 and 2429.25 of the Regulations.

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., May 19, 1983 James J. Shepard, Executive Director