Sinkiewicz v. National Association of Government Employees,95-SOC-6 (ALJ Sept. 13, 1996)

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Sinkiewicz v. National Association of Government Employees,95-SOC-6 (ALJ Sept. 13, 1996)

U.S. Department of Labor
Office of Administrative Law Judges
John W. McCormack Post Office & Courthouse
Room 507
Boston, Massachusetts 02109

Phone: 617-223-9355
Fax: 617-223-4254

DATE: September 13, 1996
CASE NO. 95-SOC-6

IN THE MATTER OF:

JOSEPH P. SINKIEWICZ
Complainant

National Association of Government
Employees, a/w Service Employees
International Union, AFL-CIO,

and

National Association of Government
Employees, a/w Service Employees
International Union, AFL-CIO,
Local 1-25
Respondents

RECOMMENDED DECISION AND ORDER DISMISSING CASE

A hearing in the above-captioned matter was held before the undersigned on August 27, 1996, in Boston, Massachusetts.

Prior to the hearing, the Respondents filed a Motion to Dismiss. The Motion asserted, in sum, that there was no jurisdiction under the Standards of Conduct Act, 29 C.F.R., SubChapter B, Parts 457-459. In support of this Motion, Respondents submitted an affidavit from Joseph G. Donnellan, Chief Counsel for the National Association of Government Employees (NAGE), Local 5000 of the Service Employees International Union, AFL-CIO. (ALJX 8)¹

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The affidavit stated that Local 5000 is, and has been, the exclusive bargaining agent for several thousand employees in the private sector who are subject to the provisions of the Labor-Management Reporting and Disclosure Act of 1959 and the National Labor Relations Act.

At the hearing, counsel for the Complainant stated and stipulated that Respondents, both the International Union and Local Union, represent employees in the private sector, and therefore, there was no subject matter jurisdiction under the Civil Service Reform Act and the Standards of Conduct regulations.

Accordingly, having considered the record herein and the positions of the parties, I find, in accordance with 29 C.F.R. Parts 457-459, that I have no jurisdiction in this matter and recommend that the complaint herein be dismissed.

JOEL F. GARDINER
Administrative Law Judge

Boston, Massachusetts

JFG:ln

NOTICE OF APPEAL RIGHTS

Pursuant to 29 C.F.R. § 458.88(c), exceptions to the Administrative Law Judge's Recommended Decision and Order may be filed by any party with the Assistant Secretary; Labor-Management Standards Administration; U.S. Department of Labor; Room N-5408, FPB; 200 Constitution Ave., N.W.; Washington, DC 20210. This must be done within fifteen (15) days after service of the Recommended Decision and Order, provided that the Assistant Secretary may, for good cause shown, extend the time for filing such exceptions.

[ENDNOTES]

¹"ALJX refers to Administrative Law Judge's exhibits received during the hearing.