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).