National Federation of Federal Employees, Local 1655 and Adjutant General, State of Illinois (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

NFFE Local 1655 filed a negotiability petition involving the Illinois Adjutant General. The Authority informed the union that the filing did not comply with a procedural rule and specified how to complete the appeal. It also warned that failure to respond within the allowed time could lead to dismissal. The union made no timely submission, so the Authority dismissed the petition without deciding the negotiability issues.

Decision snapshot

• Authority: Negotiability petition under 5 U.S.C. § 7117(c)(2).
• Outcome: Petition dismissed for failure to comply with procedural requirements.
• Key point: The Authority dismissed an appeal after the union did not cure a notified filing defect.

Full text (FLRA public release)

[ v15 p574 ]

15:0574(123)NG

The decision of the Authority follows:

15 FLRA No. 123

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 1655
Union

and

ADJUTANT GENERAL, STATE OF ILLINOIS
Activity

Case No. O-NG-964

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 June 8, 1984, the Union was informed that preliminary examination of the petition for review had disclosed an apparent deficiency 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 section 2424.4(b) 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