American Federation of Government Employees, Local 1151, AFL-CIO and Veterans Administration, New York Regional Office (Authority decision, August 23, 1984)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority on a negotiability petition. An aggrieved person may seek judicial review by filing a petition in an appropriate United States court of appeals within 60 days after issuance under 5 U.S.C. § 7123(a). Filing a petition does not stay the Authority's order unless the court orders a stay under 5 U.S.C. § 7123(c).

Plain-English summary

AFGE Local 1151 filed a negotiability petition concerning the Veterans Administration's New York Regional Office. The Authority notified the union that the filing did not meet two procedural requirements and identified the steps needed to complete it. The union made no submission within the time allowed. The Authority dismissed the appeal for failure to comply with its regulations, without deciding the negotiability issues.

Decision snapshot

• Authority: Negotiability petition under 5 U.S.C. § 7117(c)(2).
• Outcome: Petition dismissed for procedural deficiencies.
• Key point: A union must cure identified filing deficiencies within the allowed time for its negotiability appeal to proceed.

Full text (FLRA public release)

[ v15 p575 ]

15:0575(124)NG

The decision of the Authority follows:

15 FLRA No. 124

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1151, AFL-CIO
Union

and

VETERANS ADMINISTRATION,
NEW YORK REGIONAL OFFICE
Activity

Case No. O-NG-944

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. By Authority letter dated March 26, 1984, the Union was informed that preliminary examination of the petition for review had disclosed a number of apparent deficiencies in meeting the requirements of 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) and 2424.4(a)(2) 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 23, 1984
Jan K. Bohren
Executive Director/Administrator