Panama Canal Federation of Teachers, Local 29 and Department of Defense Dependents Schools, Panama Region (Authority decision, November 1, 1983)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority. Under 5 U.S.C. § 7123(a), an aggrieved person may generally seek judicial review in an appropriate United States court of appeals within 60 days after issuance. A review petition does not itself stay the order.

Plain-English summary

The union petitioned for review of a negotiability dispute with Department of Defense Dependents Schools in the Panama Region. The Authority advised it that the agency’s designated official had not been served and explained how to correct the filing. The union made no timely submission to cure the defect. The Authority dismissed the appeal for failure to comply with its procedural rules, without deciding negotiability.

Decision snapshot

• Authority: 5 U.S.C. § 7117(c)(2).
• Outcome: Petition dismissed for failure to serve the agency properly.
• Key point: A negotiability appeal may be dismissed when required service is not completed after notice.

Full text (FLRA public release)

[ v13 p347 ]

13:0347(58)NG

The decision of the Authority follows:

13 FLRA No. 58

PANAMA CANAL FEDERATION OF
TEACHERS, LOCAL 29
(Union)

and

DEPARTMENT OF DEFENSE DEPENDENTS
SCHOOLS, PANAMA REGION
(Activity)

Case No. O-NG-817

ORDER DISMISSING PETITION FOR REVIEW

This matter is before the Authority on a petition for review of a negotiability issue filed by the Union pursuant to section 7117(c)(2) of the Federal Service Labor-Management Relations Statute and Parts 2424 and 2429 of the Authority's Rules and Regulations. For the reasons stated below, it has been determined that the Union's petition for review must be dismissed.

By Authority letter dated May 25, 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. By letter dated June 13, 1983, the Union submitted a statement of service in response to the Authority's letter, apparently in completion of the appeal. However, it appeared that the Agency was not served with a copy of the Union's petition for review as required. Accordingly, by letter dated August 3, 1983, the Authority advised the Union that service upon Mr. Thomas F. Garnett, Jr., the designee of the Secretary of Defense for purposes of service in negotiability cases, was necessary in order to comply with section 2424.4(b) of the Authority's 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., November 1, 1983 James J. Shepard, Executive Director