12:0060(18)NG - Illinois Nurses Association and VA -- 1983 FLRAdec NG
[ v12 p60 ]
The decision of the Authority follows:
12 FLRA No. 18 ILLINOIS NURSES ASSOCIATION (Union) and VETERANS ADMINISTRATION (Agency) Case No. O-NG-819 ORDER DISMISSING PETITION FOR REVIEW This matter is before the Federal Labor Relations Authority , pursuant to section 7105(a)(2)(E) of the Federal Service Labor-Management Relations Statute (5 U.S.C. 7101 et seq.) and section 2424.1 of the Authority's Rules and Regulations (5 CFR 2424.1 (1983)) on a petition for review of negotiability issues filed on behalf of the union. For the reason indicated below, the union's petition for review must be dismissed. Section 2424.3 of the Authority's Rules and Regulations provides that the time limit for filing a petition for review is 15 days after service of the agency's allegation that the duty to bargain in good faith does not extend to the matter proposed to be bargained. The instant petition for review was filed with the Authority on March 28, 1983. The record in this case indicates that the parties forwarded a locally executed collective bargaining agreement to the agency head for review and approval pursuant to section 7114(c) of the Statute. During such review, the agency head disapproved certain provisions in the negotiated agreement by letter dated February 25, 1983. Therefore, under section 2424.3, as well as sections 2429.21 and 2429.22 of the Rules and Regulations, which are also applicable to the time limit here involved, since the agency's allegation of nonnegotiability was served by mail on February 25, 1983, the union's petition for review was due to be filed with the Authority no later than the close of business on March 21, 1983. However, as indicated above, the union's petition for review was not filed with the Authority until March 28, , 1983. Therefore, the union's petition was untimely filed and must be dismissed on that basis.