AFGE Veterans Administration Local 1151 and Veterans Administration (Authority decision, August 25, 1983)

Final FLRA decision. The Authority resolved the matter described below. Under 5 U.S.C. § 7123(a), a person aggrieved by a final Authority order may generally seek judicial review within 60 days of issuance. A review petition does not itself stay the order.

Plain-English summary

AFGE Veterans Administration Local 1151 filed a negotiability appeal that did not meet several procedural requirements. The Authority identified the defects, explained how to complete the appeal, and gave the union time to respond. The union made no submission within that period. The Authority dismissed the appeal without deciding any proposal’s negotiability.

Decision snapshot

• Authority: 5 U.S.C. § 7117(c)(2).
• Outcome: Appeal dismissed for failure to correct procedural deficiencies.
• Key point: The union did not complete its appeal after receiving notice of the filing defects.

Full text (FLRA public release)

[ v12 p638 ]

12:0638(126)NG

The decision of the Authority follows:

12 FLRA No. 126

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, VETERANS ADMINISTRATION
LOCAL 1151
(Union)

and

VETERANS ADMINISTRATION
(Activity)

Case No. O-NG-836

ORDER DISMISSING PETITION FOR REVIEW

This matter is before the Authority on a petition for review of negotiability issues filed on behalf of 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. By Authority letter dated July 13, 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) and 2424.4(a)(3) 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., August 25, 1983 James J. Shepard, Executive Director