AFGE Local 2192 and Veterans Administration, St. Louis (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 Local 2192 filed a negotiability appeal concerning the Veterans Administration in St. Louis. The Authority notified the union that the petition lacked several items required by its filing rules, identified the steps needed to complete it, and gave the union time to respond. The union made no submission within that period. The Authority dismissed the appeal without reaching any negotiability issue.

Decision snapshot

• Authority: Negotiability petition under 5 U.S.C. § 7117(c)(2); filing requirements at 5 C.F.R. § 2424.4(a).
• Outcome: Appeal dismissed for failure to complete required filing information.
• Key point: The union did not cure the identified filing defects by the Authority's deadline.

Full text (FLRA public release)

[ v16 p28 ]

16:0028(5)NG

The decision of the Authority follows:

16 FLRA No. 5

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2192
Union

and

VETERANS ADMINISTRATION,
ST. LOUIS, MISSOURI
Activity

Case No. O-NG-987

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 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), 2424.4(a)(2) and 2424.4(a)(4) 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