AFGE Council 147 and Social Security Administration (Authority decision, September 11, 1984)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority dismissing a negotiability petition for failure to meet filing requirements. 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 Council 147 filed a negotiability appeal involving the Social Security Administration. The Authority told the union its petition did not comply with a filing requirement, described the steps needed to complete it, and allowed time to respond. The union filed nothing within that period. The Authority dismissed the appeal without deciding any proposal's negotiability.

Decision snapshot

• Authority: Negotiability petition under 5 U.S.C. § 7117(c)(2); filing requirement at 5 C.F.R. § 2424.4(b).
• Outcome: Appeal dismissed for failure to cure a filing defect.
• Key point: The union did not complete the appeal after the Authority's notice and deadline.

Full text (FLRA public release)

[ v16 p27 ]

16:0027(4)NG

The decision of the Authority follows:

16 FLRA No. 4

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, COUNCIL 147, AFL-CIO
Union

and

SOCIAL SECURITY ADMINISTRATION
Activity

Case No. O-NG-976

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 August 3, 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., September 11, 1984 Jan K. Bohren Executive Director/Administrator