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23:0351(48)MC - HHS, SSA and AFGE -- 1986 FLRAdec MC



[ v23 p351 ]
23:0351(48)MC
The decision of the Authority follows:


 23 FLRA No. 48
 
 DEPARTMENT OF HEALTH AND
 HUMAN SERVICES, SOCIAL SECURITY
 ADMINISTRATION
 Agency
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO
 Union
 
                                            Case No. 0-MC-11
 
                   ORDER DENYING MOTION FOR EMERGENCY 
                  STAY OF FURTHER ARBITRAL PROCEEDINGS
 
    On September 8, 1986, the Department of Health and Human Services
 (HHS) requested an emergency stay of arbitral hearings ordered by
 Arbitrator Justin C. Smith until the Authority ruled on exceptions to
 awards previously rendered by Arbitrator Smith presently before the
 Authority in Case Nos. 0-AR-1207 and 0-AR-1210.
 
    There is no basis in the Federal Service Labor-Management Relations
 Statute (5 U.S.C. Section 7101 et seq.) for the issuance of a stay such
 as that requested by HHS.  Accordingly, apart from other considerations
 and confirming oral advice, the Agency's motion is denied.
 
    For the Authority.
 
    Issued, Washington, D.C., September 23, 1986.
 
                                       /s/ Harold D. Kessler
                                       Director of Case Management