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).