Association of Civilian Technicians, Rhode Island Chapter (Union) and Office of the Adjutant General, Providence, Rhode Island (Agency) 

 



[ v07 p616 ]
07:0616(96)NG
The decision of the Authority follows:


 7 FLRA No. 96
 
 ASSOCIATION OF CIVILIAN TECHNICIANS
 RHODE ISLAND CHAPTER
 Union
 
 and
 
 OFFICE OF THE ADJUTANT GENERAL
 PROVIDENCE, RHODE ISLAND
 AGENCY
 
                                            Case No. O-NG-220
 
                   ORDER DISMISSING NEGOTIABILITY APPEAL
 
    THE PETITION FOR REVIEW IN THIS CASE COMES BEFORE THE FEDERAL LABOR
 RELATIONS AUTHORITY (THE AUTHORITY) PURSUANT TO SECTION 7105(A)(2)(E) OF
 THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE),
 AND RAISES A THRESHOLD ISSUE CONCERNING COMPLIANCE WITH THE AUTHORITY'S
 RULES AND REGULATIONS.
 
    SECTION 2424.3 OF THE RULES AND REGULATIONS PROVIDES IN PERTINENT
 PART:
 
    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 EXCLUSIVE
 
    REPRESENTATIVE SHALL REQUEST SUCH ALLEGATION IN WRITING AND THE
 AGENCY SHALL MAKE THE
 
    ALLEGATION IN WRITING AND SERVE A COPY ON THE EXCLUSIVE
 REPRESENTATIVE . . .
 
    THUS, IN ORDER FOR A PETITION FOR REVIEW TO BE PROPERLY FILED, THE
 UNION MUST REQUEST AN ALLEGATION FROM THE AGENCY IN WRITING, AND THE
 PETITION MUST BE FILED WITHIN 15 DAYS AFTER THE AGENCY'S ALLEGATION IS
 SERVED ON THE UNION.  IN THE INSTANT CASE, NOT ONLY DID THE UNION FAIL
 TO REQUEST THE ALLEGATION, BUT IT ALSO FAILED TO FILE ITS PETITION
 WITHIN 15 DAYS AFTER THE AGENCY SERVED IT WITH THE UNREQUESTED
 ALLEGATION.  CLEARLY, THE UNION HAS NOT COMPLIED WITH SECTION 2424.3 OF
 THE RULES AND REGULATIONS AND ITS PETITION MUST BE DISMISSED.  SEE
 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 3385 AND
 FEDERAL HOME LOAN BANK BOARD, DISTRICT 7, CHICAGO, ILLINOIS, 7 FLRA NO.
 58(1981).
 
    ACCORDINGLY, PURSUANT TO SECTION 2424.10 OF THE AUTHORITY'S RULES AND
 REGULATIONS (5 CFR 2424.10(1981)), IT IS ORDERED THAT THE UNION'S
 PETITION FOR REVIEW BE, AND IT HEREBY IS, DISMISSED.
 
    FOR THE AUTHORITY.
 
    ISSUED, WASHINGTON, D.C., JANUARY 7, 1982
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR