Antilles Consolidated Education Association and Antilles Consolidated School System (Authority decision, May 30, 1984)

Final FLRA decision. The Authority dismissed the union's negotiability petition for failure to meet its filing requirements, 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 Antilles Consolidated Education Association filed a negotiability appeal involving proposals for the Antilles Consolidated School System. After uncertainty about delivery of an earlier notice, the Authority again asked the union to explain the proposals' meaning and say whether the issues were also in an unfair labor practice proceeding. It warned that processing depended on a timely response. The union made no submission within the time allowed, so the Authority dismissed the appeal for failure to comply with its regulations without deciding negotiability.

Decision snapshot

• Authority: Negotiability filing requirements under the Authority's regulations.
• Outcome: Appeal dismissed for failure to complete required submissions.
• Key point: The union did not provide the proposal explanation and related proceeding information requested by the Authority.

Full text (FLRA public release)

[ v14 p769 ]

14:0769(103)NG

The decision of the Authority follows:

14 FLRA No. 103

ANTILLES CONSOLIDATED
EDUCATION ASSOCIATION
Union

and

ANTILLES CONSOLIDATED
SCHOOL SYSTEM
Activity

Case No. O-NG-929

ORDER DISMISSING PETITION FOR REVIEW

This matter is before the Authority on a petition for review of negotiability issues filed by the Union pursuant to section 7117(c)(2) of the Federal Service Labor-Management Relations Statute and section 2424.1 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 December 12, 1983, the Union was informed that preliminary examination of the petition for review had disclosed a number of apparent deficiencies in meeting certain requirements of the Authority's rules of procedure. The Authority was informally advised by the Union that it never received the Authority's December 12, 1983, letter and the Authority was unable to ascertain whether it was in fact delivered to the Union. Accordingly, by letter dated March 26, 1984, the Authority advised the Union that it must provide an explicit statement of the meaning attributed to the disputed proposals and notify the Authority as to whether the negotiability issues are also involved in an unfair labor practice proceeding in order to comply with sections 2424.4(a)(2), 2424.4(a)(4) and 2424.5 of the Authority's Rules and 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 30, 1984 Harold D. Kessler, Director, Case Management