AFGE Local 3148 and Department of Justice, Bureau of Prisons (Authority decision, August 22, 1983)

Final FLRA decision. The Authority dismissed the negotiability petition 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 Local 3148 filed a negotiability appeal that lacked materials required by the Authority’s procedural rules. The Authority described the deficiencies, explained how to complete the appeal, and gave the union a deadline. The union did not respond within that period. The Authority dismissed the appeal without deciding the 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 the Authority identified the filing defects.

Full text (FLRA public release)

[ v12 p630 ]

12:0630(122)NG

The decision of the Authority follows:

12 FLRA No. 122

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 3148
(Union)

and

DEPARTMENT OF JUSTICE,
BUREAU OF PRISONS
(Activity)

Case No. O-NG-852

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. By Authority letter dated July 5, 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 2429.27(c) 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 22, 1983 James J. Shepard, Executive Director