Department of Health, Education and Welfare, Office of the Secretary, A/SLMR No. 1168

 



[ v01 p177 ]
01:0177(22)AS
The decision of the Authority follows:


 1 FLRA No. 22
                                            APRIL 13, 1979
 
 MR. RONALD D. KING, DIRECTOR
 CONTRACT AND APPEALS DIVISION
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO
 1325 MASSACHUSETTS AVENUE, N.W.
 WASHINGTON, D.C.  20005
 
                             RE:  DEPARTMENT OF HEALTH, EDUCATION 
                                  AND WELFARE, OFFICE OF THE 
                                  SECRETARY, A/SLMR No. 1168, 
                                  Case No. 0-AS-10
 
 DEAR MR. KING:
 
    THIS REFERS TO YOUR PETITION FOR REVIEW OF THE ASSISTANT SECRETARY'S
 DECISION IN THE ABOVE-ENTITLED CASE, FILED WITH THE AUTHORITY ON MARCH
 29, 1979, ON BEHALF OF THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
 AFL-CIO (THE UNION).  FOR THE REASONS INDICATED BELOW, IT HAS BEEN
 DETERMINED THAT THE PETITION WAS UNTIMELY FILED UNDER THE APPLICABLE
 RULES OF PROCEDURE AND CANNOT BE ACCEPTED FOR REVIEW.
 
    THE SUBJECT DECISION OF THE ASSISTANT SECRETARY IS DATED DECEMBER 28,
 1978, AND WAS SERVED ON THE UNION BY MAIL ON THAT SAME DATE.  THEREFORE,
 UNDER 5 C.F.R. 2411.13(B) AND 2411.45(A) AND (C)(1978), APPLICABLE HERE
 PURSUANT TO SECTION 2400.2 OF THE AUTHORITY'S TRANSITION RULES AND
 REGULATIONS (44 FED.REG. 7) (COPIES ENCLOSED), THE UNION'S APPEAL WAS
 DUE IN THE OFFICE OF THE AUTHORITY NO LATER THAN THE CLOSE OF BUSINESS
 ON FEBRUARY 1, 1979.  HOWEVER, AS STATED ABOVE, THE UNION'S APPEAL,
 WHICH IS DATED MARCH 26, 1979, WAS NOT FILED WITH THE AUTHORITY UNTIL
 MARCH 29, 1979, OR ALMOST 2 MONTHS LATE, AND NO EXTENSION OF TIME FOR
 SUCH FILING WAS REQUESTED ON BEHALF OF THE UNION OR GRANTED BY THE
 FEDERAL LABOR RELATIONS COUNCIL OR THE AUTHORITY.
 
    ACCORDINGLY, SINCE THE UNION'S APPEAL WAS UNTIMELY FILED WITH THE
 AUTHORITY, AND APART FROM OTHER CONSIDERATIONS, THE UNION'S PETITION FOR
 REVIEW IS HEREBY DENIED.
 
    FOR THE AUTHORITY.
 
                                SINCERELY,
 
                             HAROLD D. KESSLER
 
                         DEPUTY EXECUTIVE DIRECTOR
 
    ENCLOSURES
 
    CC:  R. HACKER
 
    HEW