34:0136(30)MC - U.S. DEPARTMENT OF THE TREASURY U.S. CUSTOMS SERVICE and NTEU -- 1990 FLRAdec MC
[ v34 p136 ]
The decision of the Authority follows:
34 FLRA NO. 30 U.S. DEPARTMENT OF THE TREASURY U.S. CUSTOMS SERVICE and NATIONAL TREASURY EMPLOYEES UNION 0-MC-15 ORDER DENYING MOTION FOR STAY January 3, 1990 Before Chairman McKee and Members Talkin and Armendariz. The Department of the Treasury, U.S. Customs Service (Agency) has filed a Motion for Stay of Federal Service Impasses Panel (Panel) proceedings involving the Agency and the National Treasury Employees Union (Union). The Agency requests the Authority to stay a Panel order issued in Case No. 90 FSIP 42, directing the parties to meet with a Panel Member on January 4, 1990, to resolve issues concerning the parties' ground rules negotiations. The Agency asserts that the Panel's order should be stayed because it has filed an unfair labor practice charge against the Union and the "issues raised in the charge are inextricably intertwined with the issues in the . . . Panel case." The Agency cites the Authority's decision in National Treasury Employees Union and Federal Deposit Insurance Corporation, Chicago, Illinois, 32 FLRA 1131 (1988) (FDIC). The Agency has not established that the "unusual circumstances" present in FDIC are present in the instant case. Id. at 1139. Accordingly, the Agency has established no basis for the Authority to stay the Panel proceeding. Therefore, the Agency's motion is denied.