American Federation of Government Employees, AFL-CIO, Local 1978 and Department of the Interior, Bureau of Reclamation, Boulder City, Nevada

 



[ v01 p1043 ]
01:1043(117)NG
The decision of the Authority follows:


 1 FLRA No. 117
                                            SEPTEMBER 24, 1979
 
 MR. WILLIAM H. SHOATS
 NATIONAL REPRESENTATIVE
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO
 1890 PACIFIC AVENUE
 LONG BEACH, CALIFORNIA 90806
 
                           RE:  AMERICAN FEDERATION OF GOVERNMENT
                                EMPLOYEES, AFL-CIO, LOCAL 1978 AND
                                DEPARTMENT OF THE INTERIOR, BUREAU
                                OF RECLAMATION, BOULDER CITY,
                                NEVADA, Case No. 0-NG-7
 
 DEAR MR. SHOATS:
 
    THIS REFERS TO YOUR PETITION FOR REVIEW AND THE AGENCY'S STATEMENT IN
 RESPONSE THERETO, FILED WITH THE AUTHORITY IN THE ABOVE-ENTITLED CASE.
 
    BY AUTHORITY LETTER OF MARCH 7, 1979, YOU WERE ADVISED THAT
 PRELIMINARY EXAMINATION OF YOUR PETITION FOR REVIEW DISCLOSED A NUMBER
 OF APPARENT DEFICIENCIES IN MEETING VARIOUS REQUIREMENTS OF THE
 APPLICABLE RULES OF PROCEDURE AND THE STATUTE.  THE PERTINENT SECTIONS
 OF THE RULES INCLUDED:  5 C.F.R. 2411.25(A) AND (B), 2411.44 AND
 2411.46(A), (C) AND (D)(1978).  THE APPLICABLE PROVISION OF THE STATUTE
 WAS SECTION 7117(C)(2)(B).
 
    YOU WERE ALSO ADVISED IN THE AUTHORITY'S LETTER:
 
    FURTHER PROCESSING OF YOUR APPEAL IS CONTINGENT UPON YOUR COMPLIANCE
 WITH THE
 
    ABOVE-DESIGNATED PROVISIONS OF THE APPLICABLE RULES AND THE STATUTE.
 ACCORDINGLY, YOU ARE
 
    HEREBY GRANTED UNTIL THE CLOSE OF BUSINESS ON APRIL 2, 1979, TO TAKE
 NECESSARY ACTIONS AND
 
    FILE ADDITIONAL MATERIALS IN COMPLIANCE WITH THOSE REQUIREMENTS.
 SUCH FILING SHOULD BE MADE
 
    IN ACCORDANCE WITH SECTION 2411.43(B) OF THE RULES CITED, AND SHOULD
 BE SUBMITTED TO THE
 
    EXECUTIVE DIRECTOR, FEDERAL LABOR RELATIONS AUTHORITY, 1900 E STREET,
 N.W.  ROOM 7469,
 
    WASHINGTON, D.C. 20424.  (FOOTNOTE OMITTED.)
 
    MOREOVER, YOU MUST SERVE A COPY OF ANY ADDITIONAL SUBMISSION ON THE
 OTHER PARTY, AS
 
    PROVIDED IN SECTION 2411.46(A) OF THE RULES CITED, AND ON THE AGENCY
 HEAD.  SERVICE SHOULD BE
 
    BY REGISTERED OR CERTIFIED MAIL OR IN PERSON, AND YOU MUST INCLUDE A
 STATEMENT OF SUCH SERVICE
 
    WITH YOUR ADDITIONAL SUBMISSION TO THE AUTHORITY.
 
    FAILURE TO COMPLY WITH THE ABOVE REQUIREMENTS WITHIN THE TIME LIMITS
 PRESCRIBED WILL RESULT
 
    IN DISMISSAL OF YOUR APPEAL.
 
    YOUR SUBMISSION IN COMPLIANCE WITH THE STATED REQUIREMENTS WAS NOT
 FILED WITH THE AUTHORITY UNTIL APRIL 6, 1979.
 
    ACCORDINGLY, AND APART FROM OTHER CONSIDERATIONS, YOUR PETITION FOR
 REVIEW IS HEREBY DISMISSED FOR FAILURE TO COMPLY WITH THE AUTHORITY'S
 RULES OF PROCEDURE WITHIN THE TIME LIMITS PRESCRIBED.
 
    HOWEVER, INASMUCH AS THE UNION NEVER SOUGHT AND RECEIVED AN
 ALLEGATION FROM THE AGENCY, WITHIN THE MEANING OF SECTION 7117 OF THE
 STATUTE, AS TO WHETHER THE DUTY TO BARGAIN UNDER THE STATUTE EXTENDS TO
 THE MATTERS PROPOSED TO BE BARGAINED BY THE UNION, THE DISMISSAL OF YOUR
 APPEAL IS WITHOUT PREJUDICE.  THAT IS, IF THE MATTERS PROPOSED TO BE
 NEGOTIATED CONTINUE IN DISPUTE BETWEEN THE PARTIES, AN ALLEGATION AS TO
 THEIR NEGOTIABILITY MAY BE SOUGHT AND A PETITION FOR REVIEW MAY BE FILED
 WITH THE AUTHORITY BY THE UNION UNDER THE STATUTE AND IN ACCORDANCE WITH
 THE INTERIM RULES AND REGULATIONS OF THE AUTHORITY (COPIES ENCLOSED).
 
    FOR THE AUTHORITY.
 
                                SINCERELY,
 
                             HAROLD D. KESSLER
 
                            EXECUTIVE DIRECTOR
 
    ENCLOSURES
 
    CC:  M. A. SIMMS
 
    INTERIOR