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60 FLRA No. 178
U. S. DEPT. OF HOMELAND SECURITY BORDER AND TRANSPORTATION
SECURITY DIRECTORATE BUREAU OF IMMIGRATION AND CUSTOMS
ENFORCEMENT PHILADELPHIA, DISTRICT, PHILADELPHIA, PENNSYLVANIA
AND AFGE, LOCAL 2012 Case No. BN-CA-04-0463
(Decided May 31, 2005)
The complaint alleged that the Respondent violated § 7116(a)(1) and (8) of the Federal Service Labor-Management Relations Statute by failing to comply with a final and binding arbitration award. The Judge granted the General Counsel's motion for summary judgment after the Respondent failed to file a timely answer to the complaint and failed to respond to the General Counsel's motion. The Authority adopted the Judge's findings, conclusions and recommended Order.
The Authority dismissed the Respondent's claims after finding that these claims were not raised before the Administrative Law Judge. The Authority noted that under 5 C.F.R. § 2429.5, precludes it from reviewing issues which were not presented in the proceedings before the Administrative Law Judge.