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



[ v05 p490 ]
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
 THEREFORE IMPROPER.  SECTION 2423.26(A) OF THE RULES AND REGULATIONS
 EXPRESSLY PROVIDES THAT "THE ADMINISTRATIVE LAW JUDGE SHALL PREPARE A
 DECISION EVEN WHERE THE PARTIES ENTER INTO A STIPULATION OF FACT AT THE
 HEARING."
 
    HERE, THE PARTIES ENTERED INTO "A STIPULATION OF FACT AT THE
 HEARING." THEREFORE, THE TRANSFER OF THE CASE BY THE ADMINISTRATIVE LAW
 JUDGE TO THE AUTHORITY WITHOUT A DECISION WAS A CLEAR VIOLATION OF THE
 AUTHORITY'S RULES AND REGULATIONS.
 
    ACCORDINGLY, THE AUTHORITY HEREBY REMANDS THIS CASE TO THE
 ADMINISTRATIVE LAW JUDGE FOR THE PREPARATION OF A DECISION ON THE
 MERITS.
 
    ISSUED, WASHINGTON, D.C., APRIL 17, 1981
 
                       RONALD W. HAUGHTON, CHAIRMAN
                       HENRY B. FRAZIER III, MEMBER
                       LEON B. APPLEWHAITE, MEMBER
                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ SECTION 2429.1 PROVIDES, IN PERTINENT PART:
 
    (A) . . . IN ANY UNFAIR LABOR PRACTICE CASE UNDER PART 2423 OF THIS
 SUBCHAPTER IN WHICH, AFTER THE ISSUANCE OF A COMPLAINT, THE REGIONAL
 DIRECTOR DETERMINES, BASED UPON A STIPULATION BY THE PARTIES, THAT NO
 MATERIAL ISSUE OF FACT EXISTS, THE REGIONAL DIRECTOR MAY UPON AGREEMENT
 OF ALL PARTIES TRANSFER THE CASE TO THE AUTHORITY;  . . . 
 
 
 


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