UNITED STATES OF AMERICA
FEDERAL LABOR RELATIONS AUTHORITY
Office of Administrative Law Judges
WASHINGTON, D.C. 20424-000
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UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON, D.C. Respondent |
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and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 3475 Charging Party |
Case No. DA-CA-00106 |
NOTICE OF TRANSMITTAL OF DECISION
The above-entitled case having been heard before the undersigned Administrative Law Judge pursuant to the Statute and the Rules and Regulations of the Authority, the under-signed herein serves his Decision, a copy of which is attached hereto, on all parties to the proceeding on this date and this case is hereby transferred to the Federal Labor Relations Authority pursuant to 5 C.F.R. § 2423.34(b).
PLEASE BE ADVISED that the filing of exceptions to the attached Decision is governed by 5 C.F.R. §§ 2423.40-2423.41, 2429.12, 2429.21-2429.22, 2429.24-2429.25, and 2429.27.
Any such exceptions must be filed on or before NOVEMBER 22, 2000, and addressed to:
Federal Labor Relations Authority
Office of Case Control
607 14th Street, NW, 4th Floor
Washington, DC 20424-0001
WILLIAM B. DEVANEY
Administrative Law Judge
Dated: October 23, 2000
Washington, DC
UNITED
STATES OF AMERICA
FEDERAL LABOR RELATIONS AUTHORITY
Office of Administrative Law Judges
WASHINGTON, D.C. 20424-0001
MEMORANDUM DATE: October 23, 2000
TO: The Federal Labor Relations Authority
FROM: WILLIAM B. DEVANEY
Administrative Law Judge
SUBJECT: UNITED STATES DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT
WASHINGTON, D.C.
Respondent
and Case No. DA-CA-00106
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 3475
Charging Party
Pursuant to section 2423.34(b) of the Rules and Regulations, 5 C.F.R. § 2423.34(b), I am hereby transferring the above case to the Authority. Enclosed are copies of my Decision, the service sheet, and the transmittal form sent to the parties. Also enclosed are the transcript, exhibits and any briefs filed by the parties.
Enclosures
FEDERAL
LABOR RELATIONS AUTHORITY
Office of Administrative Law Judges
WASHINGTON, D.C.
OALJ 01-03
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UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON, D.C. Respondent |
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and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 3475 Charging Party |
Case No. DA-CA-00106 |
Mary Larson, Esquire
Shannon W. Rivers
For the General Counsel
Mary C. Merchant
For the Respondent
Dorothy Pleasant
For the Charging Party
Before: WILLIAM B. DEVANEY
Administrative Law Judge
DECISION
Statement of the Case
This case was set for hearing on October 13, 2000, in New Orleans, Louisiana, seriatim following Case No.
DA-CA-90742. Counsel for Respondent, President of the Charging Party, witnesses, Court Reporter and the undersigned were present prior to the scheduled time of the hearing. At about 0900, the Regional Attorney, Ms. Charlotte A. Dye, called the undersigned to report that one of the attorneys for General Counsel, Ms. Larson, had become ill and the other attorney for General Counsel, Ms. Rivers, had taken her to a hospital. The undersigned told the Regional Attorney to send Ms. Rivers to try the cases as soon as possible. The Regional Attorney moved for a continuance which was denied. The undersigned emphasized to the Regional Attorney that the hospital staff would take care of Ms. Larson; that Ms. Rivers could do nothing for her; and that it would be an unwarranted imposition on Respondent, Charging Party, the witnesses, the Court Reporter and the undersigned not to utilize the services of the other attorney, Ms. Rivers, who was present in New Orleans for the express purpose of trying these cases. It was agreed that the opening of the hearing would be delayed until noon. At about 11:30 a.m. the Regional Attorney called and steadfastly refused to send Ms. Rivers to the hearing and conceded that I would have to dismiss this case for want of prosecution. I went on the record, recited the refusal of the Regional Attorney to use an available attorney to try the case, offered Charging Party the right to proceed without the General Counsel, which Ms. Pleasant, President of Local 3475, declined and, because General Counsel refused to prosecute, dismissed the complaint.
WILLIAM B. DEVANEY
Administrative Law Judge
Issued: October 23, 2000
Washington, DC
CERTIFICATE OF SERVICE
I hereby certify that copies of this DECISION issued
by WILLIAM B. DEVANEY, Administrative Law Judge, in Case
No. DA-CA-00106, were sent to the following parties in the manner indicated:
CERTIFIED MAIL & RETURN RECEIPT CERTIFIED NUMBER
Mary Larson and Shannon W. Rivers P 855 724 047
Counsel for the General Counsel
Federal Labor Relations Authority
525 Griffin Street, Suite 926, LB-107
Dallas, TX 75202-1906
Mary C. Merchant P 855 724 048
U.S. Department of Housing & Urban Development
501 Magazine Street, 9th Floor
New Orleans, LA 70130
Timothy Hartzer, Chief Counsel P 855 724 049
U.S. Department of Housing & Urban Development
New Mexico State Office
625 Silver, SW, Suite 100
Albuquerque, NM 87102
Dorothy T. Pleasant, President P 855 724 050
AFGE, Local 3475
P.O. Box 56445
New Orleans, LA 70156-6445
Dated: October 23, 2000
Washington, DC