68 FLRA No. 44
UNITED STATES
DEPARTMENT OF THE AIR FORCE
FAIRCHILD AIR FORCE BASE
(Activity)
and
FAIRCHILD FEDERAL EMPLOYEES’ UNION
(Petitioner/Exclusive Representative)
and
AMERICAN FEDERATION
FAIRCHILD AIR FORCE BASE
(Activity)
and
FAIRCHILD FEDERAL EMPLOYEES’ UNION
(Petitioner/Exclusive Representative)
and
AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES
AFL-CIO
(Interested Party/Labor Organization)
(Interested Party/Labor Organization)
SF-RP-12-0042
_____
NOTICE
January 28, 2015
______
Before the Authority: Carol Waller Pope, Chairman, and
Ernest DuBester and Patrick Pizzella, Members
In FDIC,[1] the Authority held that, under § 7105(f) of the Federal Service Labor-Management Relations Statute,[2] the Authority had sixty days from the date on which it regained its quorum – November 12, 2013 – to undertake to grant an application for review that had been filed while the Authority lacked a quorum.[3] The Authority further held that, because it had not undertaken to grant review within that sixty-day period, the regional director’s decision and order in that case became “the action of the Authority” after January 11, 2014.[4]
The application for review in this case also was filed when the Authority lacked a quorum. For the same reasons set forth in FDIC, because the Authority did not undertake to grant review of the application by January 11, 2014, the Regional Director’s decision and order in this case became the action of the Authority after that date. Accordingly, consistent with FDIC, we hereby notify the parties that the Authority is taking no further action in this case.
[1] 68 FLRA 260 (2015).
[2] 5 U.S.C. § 7105(f).
[3] FDIC, 68 FLRA at 260.
[4] Id. at 262 (internal quotation marks omitted).