UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT LOUISIANA STATE OFFICE NEW ORLEANS, LOUISIANA and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES LOCAL 3475

UNITED STATES OF AMERICA

FEDERAL LABOR RELATIONS AUTHORITY

Office of Administrative Law Judges

WASHINGTON, D.C. 20424-000

UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

WASHINGTON, D.C.

Respondent

and

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 3475

Charging Party

Case No. DA-CA-00106

NOTICE OF TRANSMITTAL OF DECISION

The above-entitled case having been heard before the undersigned Administrative Law Judge pursuant to the Statute and the Rules and Regulations of the Authority, the under-signed herein serves his Decision, a copy of which is attached hereto, on all parties to the proceeding on this date and this case is hereby transferred to the Federal Labor Relations Authority pursuant to 5 C.F.R. § 2423.34(b).

PLEASE BE ADVISED that the filing of exceptions to the attached Decision is governed by 5 C.F.R. §§ 2423.40-2423.41, 2429.12, 2429.21-2429.22, 2429.24-2429.25, and 2429.27.

Any such exceptions must be filed on or before NOVEMBER 22, 2000, and addressed to:

Federal Labor Relations Authority

Office of Case Control

607 14th Street, NW, 4th Floor

Washington, DC 20424-0001

WILLIAM B. DEVANEY

Administrative Law Judge

Dated: October 23, 2000

Washington, DC


UNITED STATES OF AMERICA

FEDERAL LABOR RELATIONS AUTHORITY

Office of Administrative Law Judges

WASHINGTON, D.C. 20424-0001

MEMORANDUM DATE: October 23, 2000

TO: The Federal Labor Relations Authority

FROM: WILLIAM B. DEVANEY

Administrative Law Judge

SUBJECT: UNITED STATES DEPARTMENT OF

HOUSING AND URBAN DEVELOPMENT

WASHINGTON, D.C.

Respondent

and Case No. DA-CA-00106

AMERICAN FEDERATION OF GOVERNMENT

EMPLOYEES, LOCAL 3475

Charging Party

Pursuant to section 2423.34(b) of the Rules and Regulations, 5 C.F.R. § 2423.34(b), I am hereby transferring the above case to the Authority. Enclosed are copies of my Decision, the service sheet, and the transmittal form sent to the parties. Also enclosed are the transcript, exhibits and any briefs filed by the parties.

Enclosures


FEDERAL LABOR RELATIONS AUTHORITY

Office of Administrative Law Judges

WASHINGTON, D.C.

OALJ 01-03

UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

WASHINGTON, D.C.

Respondent

and

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 3475

Charging Party

Case No. DA-CA-00106

Mary Larson, Esquire

Shannon W. Rivers

For the General Counsel

Mary C. Merchant

For the Respondent

Dorothy Pleasant

For the Charging Party

Before: WILLIAM B. DEVANEY

Administrative Law Judge

DECISION

Statement of the Case

This case was set for hearing on October 13, 2000, in New Orleans, Louisiana, seriatim following Case No.

DA-CA-90742. Counsel for Respondent, President of the Charging Party, witnesses, Court Reporter and the undersigned were present prior to the scheduled time of the hearing. At about 0900, the Regional Attorney, Ms. Charlotte A. Dye, called the undersigned to report that one of the attorneys for General Counsel, Ms. Larson, had become ill and the other attorney for General Counsel, Ms. Rivers, had taken her to a hospital. The undersigned told the Regional Attorney to send Ms. Rivers to try the cases as soon as possible. The Regional Attorney moved for a continuance which was denied. The undersigned emphasized to the Regional Attorney that the hospital staff would take care of Ms. Larson; that Ms. Rivers could do nothing for her; and that it would be an unwarranted imposition on Respondent, Charging Party, the witnesses, the Court Reporter and the undersigned not to utilize the services of the other attorney, Ms. Rivers, who was present in New Orleans for the express purpose of trying these cases. It was agreed that the opening of the hearing would be delayed until noon. At about 11:30 a.m. the Regional Attorney called and steadfastly refused to send Ms. Rivers to the hearing and conceded that I would have to dismiss this case for want of prosecution. I went on the record, recited the refusal of the Regional Attorney to use an available attorney to try the case, offered Charging Party the right to proceed without the General Counsel, which Ms. Pleasant, President of Local 3475, declined and, because General Counsel refused to prosecute, dismissed the complaint.

WILLIAM B. DEVANEY

Administrative Law Judge

Issued: October 23, 2000

Washington, DC


CERTIFICATE OF SERVICE

I hereby certify that copies of this DECISION issued

by WILLIAM B. DEVANEY, Administrative Law Judge, in Case

No. DA-CA-00106, were sent to the following parties in the manner indicated:

CERTIFIED MAIL & RETURN RECEIPT CERTIFIED NUMBER

Mary Larson and Shannon W. Rivers P 855 724 047

Counsel for the General Counsel

Federal Labor Relations Authority

525 Griffin Street, Suite 926, LB-107

Dallas, TX 75202-1906

Mary C. Merchant P 855 724 048

U.S. Department of Housing & Urban Development

501 Magazine Street, 9th Floor

New Orleans, LA 70130

Timothy Ha