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 34 FLRA NO. 30



                U.S. DEPARTMENT OF THE TREASURY
                     U.S. CUSTOMS SERVICE

                              and

               NATIONAL TREASURY EMPLOYEES UNION

                            0-MC-15

		ORDER DENYING MOTION FOR STAY

     			January 3, 1990

     Before Chairman McKee and Members Talkin and Armendariz.

     The Department of the Treasury, U.S. Customs Service
(Agency) has filed a Motion for Stay of Federal Service Impasses
Panel (Panel) proceedings involving the Agency and the National
Treasury Employees Union (Union).

     The Agency requests the Authority to stay a Panel order
issued in Case No. 90 FSIP 42, directing the parties to meet with
a Panel Member on January 4, 1990, to resolve issues concerning
the parties' ground rules negotiations. The Agency asserts that
the Panel's order should be stayed because it has filed an unfair
labor practice charge against the Union and the "issues raised in
the charge are inextricably intertwined with the issues in the .
. . Panel case." The Agency cites the Authority's decision in
National Treasury Employees Union and Federal Deposit Insurance
Corporation, Chicago, Illinois, 32 FLRA  1131 (1988) (FDIC).

     The Agency has not established that the "unusual
circumstances" present in FDIC are present in the instant case.
Id. at 1139. Accordingly, the Agency has established no basis for
the Authority to stay the Panel proceeding. Therefore, the
Agency's motion is denied.

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