Point Mugu Joint Council of NAGE/NFFE (National Association of Government Employees, Local R12-33 and National Federation of Federal Employees, Local 1374) (Union) and Department of the Navy, Pacific Missile Test Center, Point Mugu, California (Activity)

 



[ v07 p268 ]
07:0268(38)NG
The decision of the Authority follows:


 7 FLRA No. 38
 
 POINT MUGU JOINT COUNCIL
 OF NAGE/NFFE (NATIONAL ASSOCIATION
 OF GOVERNMENT EMPLOYEES, LOCAL R-12-33
 AND NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 1374)
 (Union)
 
 and
 
 DEPARTMENT OF THE NAVY
 PACIFIC MISSILE TEST CENTER,
 POINT MUGU, CALIFORNIA
 (Activity)
 
                                            Case No. O-NG-376
 
                   ORDER DISMISSING NEGOTIABILITY APPEAL
 
    THIS MATTER IS BEFORE THE AUTHORITY ON A PETITION FOR REVIEW OF
 NEGOTIABILITY ISSUES FILED BY THE POINT MUGU JOINT COUNCIL OF NAGE/NFFE
 (THE UNION) PURSUANT TO SECTION 7117(Y(2) OF THE FEDERAL LABOR RELATIONS
 STATUTE (5 U.S.C 7101 ET SEQ.) AND SECTIONS 2424.3 AND 2424.4 OF THE
 AUTHORITY'S RULES AND REGULATIONS (5 U.S.C. 2424.3 AND 2424.4(1981)).
 BY AUTHORITY LETTER OF SEPTEMBER 9, 1980, THE UNION WAS INFORMED THAT
 PRELIMINARY EXAMINATION OF THE PETITION FOR REVIEW IN THE ABOVE-ENTITLED
 CASE DISCLOSED A NUMBER OF APPARENT DEFICIENCIES IN MEETING CERTAIN
 REQUIREMENTS OF THE AUTHORITY'S RULES AND REGULATIONS (A COPY OF WHICH
 WAS ENCLOSED FOR THE UNION'S INFORMATION).  SPECIFICALLY, AS WAS NOTED
 IN THE AUTHORITY'S LETTER, THE UNION'S APPEAL FAILED TO COMPLY WITH THE
 REQUIREMENTS OF SECTIONS 2424.4(A)(3), 2424.4(B) AND 2429.25.  /1/
 
    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., NOVEMBER 19, 1981
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR
 
 
 
 
 
 --------------- FOOTNOTES: ---------------
 
 
    /1/ SECTION 2424.4(A)(3) HAS, SUBSEQUENT TO THE FILING OF THE
 ABOVE-ENTITLED CASE, BEEN AMENDED.  HOWEVER, THE REQUIREMENTS OF THE
 PRE-AMENDMENT SECTION 2424.4(A)(3) REMAIN IN THE AUTHORITY'S REGULATIONS
 UNDER SECTION 2424.4(A)(4).