Army Health Clinic, Fort Ritchie, Maryland (Respondent) and National Federation of Federal Employees, Local 1153 (Charging Party) 



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05:0490(61)CA
The decision of the Authority follows:


 5 FLRA No. 61
 
 U.S. ARMY HEALTH CLINIC
 FORT RITCHIE, MARYLAND
 Respondent
 
 and
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 1153
 Charging Party
 
                                            Case No. 3-CA-803
 
                           ORDER REMANDING CASE
 
    THIS MATTER IS BEFORE THE AUTHORITY PURSUANT TO THE ADMINISTRATIVE
 LAW JUDGE'S TRANSFER OF THE CASE TO THE FEDERAL LABOR RELATIONS
 AUTHORITY.  THE RECORD REVEALS THAT, AT THE HEARING AND DURING THE
 COURSE OF OPENING STATEMENTS, THE PARTIES STIPULATED THE FACTS AND
 REQUESTED THAT THE CASE BE TRANSFERRED DIRECTLY TO THE AUTHORITY BY THE
 REGIONAL DIRECTOR PURSUANT TO SECTION 2429.1 OF THE AUTHORITY'S RULES
 AND REGULATIONS.  /1/ THE REGIONAL DIRECTOR SUBSEQUENTLY DENIED THE
 REQUEST ON THE BASIS THAT, INASMUCH AS THE HEARING HAD COMMENCED, HE NO
 LONGER WAS EMPOWERED TO TRANSFER THE CASE.  THEREAFTER, THE
 ADMINISTRATIVE LAW JUDGE DID SO ON THE BASIS OF SECTION 2423.19(T) OF
 THE RULES AND REGULATIONS WHICH PROVIDES THAT AN ADMINISTRATIVE LAW
 JUDGE PRESIDING AT A HEARING MAY ". . . TAKE ANY OTHER ACTION DEEMED
 NECESSARY UNDER THE FOREGOING AND NOT PROHIBITED BY THE REGULATIONS IN
 THIS SUBCHAPTER."
 
    THE AUTHORITY FINDS THAT THE ADMINISTRATIVE LAW JUDGE'S TRANSFER OF
 THE CASE WAS "PROHIBITED BY THE REGULATIONS IN THIS SUBCHAPTER" AND WAS
 T