12:0060(18)NG - Illinois Nurses Association and VA -- 1983 FLRAdec NG

[ v12 p60 ]
The decision of the Authority follows:

 12 FLRA No. 18
                                            Case No. O-NG-819
    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, 198