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American Federation of State, County and Municipal Employees Council 26, Local 2830, AFL-CIO (Union/Respondent) and United States, Department of Justice, Office of Justice Programs (Activity/Petitioner)

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59 FLRA No. 143

AMERICAN FEDERATION
OF STATE, COUNTY AND MUNICIPAL
EMPLOYEES COUNCIL 26,
LOCAL 2830, AFL-CIO
(Union/Respondent)

and

UNITED STATES
DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
(Activity/Petitioner)

Case No. 0-MC-20

_____

ORDER
DENYING MOTION FOR STAY

April 2, 2004

_____

Before the Authority: Dale Cabaniss, Chairman, and
Carol Waller Pope and Tony Armendariz, Members

      The Union has filed a Motion for Stay of Federal Service Impasses Panel's (FSIP) action asserting jurisdiction in proceedings involving the Agency and the Union, United States Dep't of Justice, Office of Justice Programs and AFSCME Local 2830, Case No. 04 FSIP 27.

      The Union requests that the Authority stay FSIP's assertion of jurisdiction. The Union asserts that the Authority should stay FSIP's assertion of jurisdiction because there are three cases pending before other components of the FLRA, an unfair labor practice charge (Case No. WA-CA-03-0768), a negotiability case (0-NG-2746), and a unit clarification (Case No. WA-RP-04-0027), all of which are "inextricably linked to the impasse items before [FSIP]." Respondent's Motion at 2. The Union explains that the Authority may stay FSIP proceedings when it is warranted and that the instant case warrants such action. NTEU, 32 FLRA 1131 (1988) (FDIC).

      The Union has not established that "unusual circumstances" similar to those present in FDIC are present in the instant case. United States Dep't of the Treasury, United States Customs Serv., 34 FLRA 137 (1990); FDIC, 32 FLRA at 1139. Accordingly, the Union has established no basis for the Authority to stay FSIP's action asserting jurisdiction. Therefore, the Union's motion is denied.