Bremerton Metal Trades Council and Department of the Navy, Puget Sound Naval Shipyard (Authority decision, October 21, 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

Bremerton Metal Trades Council asked the Authority to review a negotiability dispute with Puget Sound Naval Shipyard. The Authority identified several filing deficiencies and told the union how and when to correct them. The union made no submission within the time allowed. 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 cure filing defects.
• Key point: The Authority could dismiss an incomplete negotiability appeal after giving notice and a chance to cure.

Full text (FLRA public release)

[ v13 p339 ]

13:0339(53)NG

The decision of the Authority follows:

13 FLRA No. 53

BREMERTON METAL TRADES COUNCIL,
AFL-CIO
(Union)

and

DEPARTMENT OF THE NAVY, PUGET
SOUND NAVAL SHIPYARD, BREMERTON,
WASHINGTON
(Activity)

Case No. O-NG-869

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 September 7, 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)(4), 2424.4(b) and 2424.5 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., October 21, 1983

James J. Shepard, Executive
Director