American Federation of Government Employees, Local 738, AFL-CIO (Union) and U.S. Department of the Army, Fort Leavenworth, Kansas (Activity) 

 



[ v06 p43 ]
06:0043(14)NG
The decision of the Authority follows:


 6 FLRA No. 14
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, AFL-CIO,
 LOCAL 738
 (Union)
 
 and
 
 U.S. DEPARTMENT OF THE ARMY
 FT. LEAVENWORTH, KANSAS
 (Activity)
 
                                            Case No. O-NG-468
 
                          ORDER DISMISSING APPEAL
 
    THIS MATTER IS BEFORE THE FEDERAL LABOR RELATIONS AUTHORITY (THE
 AUTHORITY) PURSUANT TO SECTION 7105(E)(2)(E) OF THE FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C. 7101 ET SEQ.).  FOR THE
 REASONS INDICATED BELOW, IT HAS BEEN DETERMINED THAT THE PETITION WAS
 UNTIMELY FILED AND CANNOT BE ACCEPTED FOR REVIEW.
 
    UNDER SECTION 2424.3 OF THE AUTHORITY'S RULES AND REGULATIONS (5
 S.F.R. 2424.3(1980)), IT STATES:
 
    THE TIME LIMIT FOR FILING A PETITION FOR REVIEW IS FIFTEEN (15) DAYS
 AFTER THE DATE THE
 
    AGENCY'S ALLEGATION THAT THE DUTY TO BARGAIN IN GOOD FAITH DOES NOT
 EXTEND TO THE MATTER
 
    PROPOSED TO BE BARGAINED IS SERVED ON THE EXCLUSIVE REPRESENTATIVE.
 
    THE PETITION FOR REVIEW IN THIS CASE WAS FILED WITH THE AUTHORITY ON
 APRIL 24, 1981.  IT IS APPARENT FROM THE DOCUMENTS SUBMITTED WITH THE
 UNION'S APPEAL THAT THE SERVICE OF THE AGENCY'S ALLEGATION OF
 NONNEGOTIABILITY WAS MADE ON THE UNION ON MARCH 27, 1981.  THEREFORE,
 THE UNION'S PETITION FOR REVIEW, FILED WITH THE AUTHORITY ON APRIL 24,
 1981, WAS UNTIMELY.
 
    ACCORDINGLY, AS THE UNION'S PETITION FOR REVIEW WAS UNTIMELY FILED
 WITH THE AUTHORITY AND APART FROM OTHER CONSIDERATIONS, THE APPEAL IS
 HEREBY DISMISSED.
 
    FOR THE AUTHORITY.
 
    ISSUED, WASHINGTON, D.C., JUNE 11, 1981
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR