13:0706(115)NG - AFGE Local 38 and INS -- 1984 FLRAdec NG
[ v13 p706 ]
The decision of the Authority follows:
13 FLRA No. 115 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 38, AFL-CIO Union and U.S. IMMIGRATION AND NATURALIZATION SERVICE Activity Case No. O-NG-935 ORDER DISMISSING PETITION FOR REVIEW This case is before the Authority pursuant to section 7105(a)(2)(E) of the Federal Service Labor-Management Relations Statute and section 2424.1 of the Authority's Rules and Regulations on a petition for review of negotiability issues filed by the Union. For the reasons indicated below, it has been determined that the Union's petition for review was untimely filed and must be dismissed on that basis. Under section 7117(c)(2) of the Statute and section 2424.3 of the Authority's Rules and Regulations, the time limit for filing a petition for review of a negotiability issue is 15 days after 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 Union. The Agency's allegation of nonnegotiability in this case was apparently served on the Union on November 28, 1983. Therefore, under the above-cited provisions of the Statute and the Authority's Rules and Regulations the petition for review had to be filed, i.e., received in the national office of the Authority, no later than the close of business on December 13, 1983.