---

 1 FLRA No. 2
                                            JANUARY 25, 1979
 
 CAPTAIN THOMAS K. KIRKPATRICK
 KIRKPATRICK, KEYSER AND KIRKPATRICK
 ATTORNEYS AT LAW
 5551 CORPORATE BOULEVARD, SUITE 2A
 BATON ROUGE, LOUISIANA 70808
 
                             RE:  LOUISIANA ARMY NATIONAL GUARD, 
                                  NEW ORLEANS, LOUISIANA, A/SLMR 
                                  No. 1117, FLRC No. 78A-134
 
 DEAR CAPTAIN KIRKPATRICK:
 
    THIS REFERS TO YOUR PETITION FILED ON BEHALF OF THE LOUISIANA ARMY
 NATIONAL GUARD, SEEKING REVIEW OF THE ASSISTANT SECRETARY'S DECISION IN
 THE ABOVE-ENTITLED CASE.  FOR THE REASON INDICATED BELOW, THE AUTHORITY
 HAS DISMISSED YOUR PETITION FOR REVIEW.
 
    SECTION 2411.42 OF THE AUTHORITY'S RULES OF PROCEDURE (FORMERLY
 SECTION 2411.42 OF THE RULES OF PROCEDURE OF THE FEDERAL LABOR RELATIONS
 COUNCIL, APPLICABLE HERE PURSUANT TO AND AS AMENDED BY SECTION 2400.2 OF
 THE RULES OF PROCEDURE OF THE AUTHORITY (COPY ENCLOSED) PROVIDES, AS
 HERE RELEVANT:
 
    SECTION 2411.42 APPROVAL OF SUBMISSION.
 
    . . . (T)HE AUTHORITY SHALL CONSIDER A PETITION FROM AN AGENCY . . .
 ONLY WHEN THE HEAD OF
 
    THE AGENCY (OR HIS DESIGNEE) . . . HAS APPROVED SUBMISSION OF THE
 PETITION.
 
    YOU WERE ORALLY INFORMED OF THAT PROCEDURAL REQUIREMENT.  HOWEVER, NO
 SUBMISSION HAS BEEN MADE IN COMPLIANCE THEREWITH.  ON THE CONTRARY, WE
 HAVE BEEN ADVISED THAT THE DEPARTMENT OF DEFENSE, THE "AGENCY" FOR
 PURPOSES OF APPROVAL OF SUBMISSION OF ANY APPEAL ON BEHALF OF THE
 ACTIVITY IN THIS CASE, HAS DECLINED TO APPROVE THE SUBMISSION OF YOUR
 INSTANT PETITION FOR REVIEW.  ACCORDINGLY, YOUR PETITION FOR REVIEW OF
 THE SUBJECT DECISION OF THE ASSISTANT SECRETARY IS HEREBY DISMISSED.
 
    FOR THE AUTHORITY.
 
                                SINCERELY,
 
                             HAROLD D. KESSLER
 
                         DEPUTY EXECUTIVE DIRECTOR
 
    ENCLOSURE
 
    CC:  I. GELLER
 
    NFFE
 
 
 

---