American Federation of Government Employees, Local 3790, AFL-CIO (Union) and The Department of Interior, Bureau of Land Management (Activity)



[ v07 p393 ]
07:0393(56)NG
The decision of the Authority follows:


7 FLRA NO. 56

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 3790

                    (Union)

     and

THE DEPARTMENT OF INTERIOR,
BUREAU OF LAND MANAGEMENT

                    (Activity)

Case No. 0-NG-473

 

ORDER DISMISSING NEGOTIABILITY APPEAL

This case is before the Authority pursuant to section 7105(a)(2)(E) of the Federal Service Labor - Management Relations Statute (5 U.S.C. 7105 et seq.) and section 2424.1 of the Authority's rules and regulations (5 C.F.R. 2424.1 (1981)), on a petition for review of negotiability issues filed by the union on April 30, 1981. For the reasons indicated below, it has been determined that the union's petition for review was untimely filed and must therefore be dismissed.

From the record before the Authority, it appears that during the course of negotiations between the parties, a dispute arose concerning the negotiability of a number of union proposals on the subject of flexitime. On February 6, 1981, the parties entered into a Memorandum of Understanding, which provided:

This memo of understanding between the Richfield, Utah District Office and AFGE Local 3790 pertains to the negotiability of Flexitime. Management has declared Flexitime as non-negotiable under