ACTION, Washington, D.C., Assistant Secretary Case No. 22-08642 (RO), FLRC No. 78A-187




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01:0075(1)RO
The decision of the Authority follows:


 1 FLRA No. 1
                                      January 23, 1979 
 
 MR. STANLEY A. GORDON
 EXECUTIVE DIRECTOR, COUNCIL 26
 AMERICAN FEDERATION OF STATE, COUNTY AND
 MUNICIPAL EMPLOYEES, AFL-CIO
 1732 I STREET, N.W.
 WASHINGTON, D.C.  20006
 
                          RE:  ACTION, WASHINGTON, D.C., Assistant 
                               Secretary Case No. 22-08642(RO), 
                               FLRC No. 78A-187
 
 Dear Mr. Gordon:
 
    This Refers to Your Petition for Review and Request for a Stay in the
 Above-entitled Case, Filed on Behalf of the American Federation of
 State, County and Municipal Employees, Afl-cio, Local 2027 (Afscme).
 
    In the Decision at Issue, the Assistant Secretary Denied Afscme's
 Request for a Review, Seeking Reversal of a Portion of the Regional
 Administrator's Report and Findings on Objections and Challenges
 Directing That Four Challenged Ballots Be Opened and Counted.  However,
 No Final Disposition in the Case Has Been Rendered.
 
    Section 2411.41 of the Authority's Rules of Procedure (Formerly the
 Rules of Procedure of the Federal Labor Relations Council, Applicable
 Here Pursuant to and as Amended by Section 2400.2 of the Rules or
 Procedure of the Authority (Copy Enclosed)) Prohibits Interlocutory
 Appeals.  That Is, the Authority Will Not Consider a Petition for Review
 Of an Assistant Secretary's Decision Where No Final Decision Has Been
 Rendered on the Entire Proceeding.  More Particularly, in a Case Such as
 Here Involved, the Authority Will Entertain an Appeal Only after a
 Certification of Representative or of the Results of the Election Has
 Issued, or after Other Final Disposition of the Entire Representation
 Matter.
 
    Since a Final Decision Has Not Been So Rendered in the Present Case,
 The Authority Has Directed That Your Appeal Be Denied, Without Prejudice
 To the Renewal of Your Contentions in a Petition for Review Duly Filed
 With the Authority after a Final Decision on the Entire Case, as
 Described Above.  Your Request for a Stay Is Likewise Denied.
 
    For the Authority.
 
                                Sincerely,
 
                             Harold D. Kessler
 
                         Deputy Executive Director
 
    Enclosure
 
    Cc:  (W/c Enclosure)
 
    J. Mceleney
 
    Nteu
 
    P. Wright
 
    Action