49:1122(106)CU - - HHS, SSA, Lancaster Branch Office, Lancaster, OH and AFGE - - 1994 FLRAdec RP - - v49 p1122



[ v49 p1122 ]
49:1122(106)CU
The decision of the Authority follows:


49 FLRA No. 106

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES

SOCIAL SECURITY ADMINISTRATION

LANCASTER BRANCH OFFICE

LANCASTER, OHIO

(Agency)

and

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

AFL-CIO

(Exclusive Representative/Petitioner)

CH-CU-30046

ORDER DISMISSING APPLICATION FOR REVIEW

May 25, 1994

Five individuals (Joann Fetters, Jean Bush, Joyce Grimmitt, James N. Barrett and Marie Gamertsfelder) filed an application for review of the Regional Director's Decision and Order in the above-captioned case. For the reasons set out below, the application for review must be dismissed.

The Authority's Regulations provide that "a party may file an application for review of the Regional Director's Decision and Order with the Authority[.]" 5 C.F.R. § 2422.17(a). There is no indication in the record that the individuals participated as a "party" in the proceeding before the Regional Director.

On May 6, 1994, the Authority directed the individuals to show cause why their application for review should not be dismissed for lack of standing to file an application, and to correct certain procedural deficiencies.

The individuals filed a timely response to the Authority's Order. However, the individuals have failed to provide documentation to show that they participated as parties in this case.

As the individuals were not a party to the proceeding, the individuals are without standing under 5 C.F.R. § 2422.17(a) to file an application for review of the Regional Director's Decision and Order in the above-captioned case.

Accordingly, the individuals' application is dismissed.

For the Authority.

_______________________