American Federation of Government Employees, Local 2, AFL-CIO (Union) and Department of the Army, Army Audio Visual Communications Center, Washington, DC (Activity)

 



[ v06 p354 ]
06:0354(64)NG
The decision of the Authority follows:


 6 FLRA No. 64
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 2
 (Union)
 
 and
 
 DEPARTMENT OF THE ARMY,
 U.S. ARMY AUDIO VISUAL
 COMMUNICATIONS CENTER
 WASHINGTON, D.C.
 (Activity)
 
                                            Case No. O-NG-469
 
                   ORDER DISMISSING NEGOTIABILITY 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 FOR
 REVIEW WAS UNTIMELY FILED AND CANNOT BE ACCEPTED FOR REVIEW.
 
    SECTION 2424.3 OF THE AUTHORITY'S RULES AND REGULATIONS (5 C.F.R.
 2424.3(1981)) PROVIDES:
 
    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, AND WAS SUPPLEMENTED WITH ADDITIONAL DOCUMENTATION ON
 MAY 4, 1981.  IT IS APPARENT FROM THE DOCUMENTS SUBMITTED WITH THE
 UNION'S APPEAL THAT THE AGENCY DISAPPROVED CERTAIN PROVISIONS IN THE
 NEGOTIATED AGREEMENT BY LETTER SERVED ON THE UNION ON MARCH 10, 1981.
 THE UNION SUBSEQUENTLY REQUESTED A FURTHER STATEMENT OF THE AGENCY'S
 POSITION AS TO THE DISPUTED PROVISIONS, BY LETTER DATED APRIL 6, 1981,
 WHICH THE AGENCY, IN A LETTER DATED APRIL 14, 1981, ANSWERED BY
 REFERRING THE UNION TO ITS EARLIER DISAPPROVAL ACTION OF MARCH 10, 1981.
  WHILE THE UNION'S APPEAL WAS FILED WITH THE AUTHORITY WITHIN 15 DAYS OF
 THE DATE OF SERVICE OF THE AGENCY'S LETTER OF APRIL 14, 1981, IT IS
 CLEAR THAT THE UNION'S APPEAL IN THIS CASE SEEKS REVIEW OF THE AGENCY'S
 ALLEGATION WHICH, AS INDICATED, WAS MADE IN THE COURSE OF REVIEWING THE
 LOCAL AGREEMENT, PURSUANT TO SECTION 7114(C) OF THE STATUTE, AND SERVED
 ON THE UNION ON MARCH 10, 1981.  /1/ 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., JULY 30, 1981
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR
 
 
 
 
 
 --------------- FOOTNOTES: ---------------
 
 
    /1/ CF. AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL
 2955 AND NATIONAL GUARD BUREAU, OFFICE OF THE ADJUTANT GENERAL, DES
 MOINES, IOWA, 5 FLRA NO.  86(1981) AT P. 2.