Department of the Air Force, Air Force Logistics Command, Ogden Air Force Base, Utah (Respondent) and American Federation of Government Employees, Local 1592 (Charging Party) and Office of Personnel Management (Intervenor)

 



[ v06 p704 ]
06:0704(122)CA
The decision of the Authority follows:


 6 FLRA No. 122
 
 DEPARTMENT OF THE AIR FORCE
 AIR FORCE LOGISTICS COMMAND
 OGDEN AIR FORCE BASE, UTAH
 Respondent
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 1592
 Charging Party
 
 and
 
 OFFICE OF PERSONNEL MANAGEMENT
 Intervenor
 
                                            Case No. 7-CA-426
 
                           ORDER REMANDING CASE
 
    THIS MATTER IS BEFORE THE FEDERAL LABOR RELATIONS AUTHORITY PURSUANT
 TO THE REGIONAL DIRECTOR'S TRANSFER OF THE CASE UNDER SECTION 2429.1 OF
 THE AUTHORITY'S RULES AND REGULATIONS.  /1/ THE CASE CAME BEFORE AN
 ADMINISTRATIVE LAW JUDGE FOR HEARING.  AT THE HEARING THE GENERAL
 COUNSEL AND RESPONDENT ENTERED INTO THE RECORD A STIPULATION OF FACTS,
 AND, WITH THE CHARGING PARTY, REQUESTED THAT THE CASE BE FORWARDED
 DIRECTLY TO THE AUTHORITY FOR DECISION.  DURING THE HEARING THE JUDGE
 REMANDED THE CASE TO THE REGIONAL DIRECTOR FOR SUBMISSION TO THE
 AUTHORITY.  THE CHARGING PARTY OBJECTED TO THE RELEVANCE OF CERTAIN
 ITEMS OF EVIDENCE SUBMITTED TO SUPPORT THE STIPULATION.  THE JUDGE
 REJECTED THOSE ITEMS OF EVIDENCE AS IRRELEVANT AND PLACED THEM IN THE
 REJECTED EXHIBITS FILE.  HE FURTHER NOTED HE DID NOT REGARD AS RELEVANT
 THAT PORTION OF THE STIPULATION OF FACTS WHICH WAS SUPPORTED BY THE
 REJECTED EXHIBITS.  THE ACTIVITY EXCEPTED TO THE RULING.  SUBSEQUENT TO
 THE HEARING, THE CHARGING PARTY CONFIRMED ITS AGREEMENT, MADE AT THE
 HEARING, TO JOIN IN THE STIPULATION, NOTING HOWEVER THAT ONE PARAGRAPH
 HAD BEEN DEEMED IRRELEVANT BY THE JUDGE.
 
    THE AUTHORITY FINDS THAT THE JUDGE'S REMAND TO THE REGIONAL DIRECTOR
 FOR TRANSFER OF THE CASE WAS PROHIBITED BY REGULATION AND WAS THEREFORE
 IMPROPER.  SECTION 2423.26(A) OF THE AUTHORITY'S RULES AND REGULATIONS
 EXPRESSLY PROVIDES THAT "THE ADMINISTRATIVE LAW JUDGE SHALL PREPARE A
 DECISION EVEN WHEN THE PARTIES ENTER INTO A STIPULATION OF FACT AT THE
 HEARING . .  .." HERE, THE PARTIES AGREED TO A STIPULATION OF FACT AT
 THE HEARING.  THEREFORE, THE REMAND TO THE REGIONAL DIRECTOR FOR
 TRANSFER OF THE CASE TO THE AUTHORITY BY THE JUDGE WITHOUT A DECISION
 WAS CONTRARY TO THE AUTHORITY'S RULES AND REGULATIONS.  U.S. ARMY HEALTH
 CLINIC, FORT RITCHIE, MARYLAND, 5 FLRA NO. 61(1981).
 
    ACCORDINGLY, THE AUTHORITY HEREBY REMANDS THIS CASE TO THE JUDGE FOR
 THE PREPARATION OF A DECISION ON THE MERITS.
 
    ISSUED, WASHINGTON, D.C., SEPTEMBER 25, 1981
 
                       RONALD W. HAUGHTON, CHAIRMAN
                       HENRY B. FRAZIER III, MEMBER
                       LEON B. APPLEWHAITE, MEMBER
                       FEDERAL LABOR RELATIONS AUTHORITY