19:0099(10)NG - AFGE Local 85 and VA Medical Center -- 1985 FLRAdec NG
[ v19 p99 ]
The decision of the Authority follows:
19 FLRA No. 10 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 85 Union and VETERANS ADMINISTRATION MEDICAL CENTER Activity Case No. O-NG-1118 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 negotiability issues 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 by mail on February 10, 1984. Therefore, under section 2424.3 of the Authority's Rules and Regulations as well as section 2429.22 which is also applicable to the computation of the time limit here involved, 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 March 1, 1984. However, the petition for review was not filed until March 12, 1984, /1/ and was thus untimely under the Authority's rules of procedure. Accordingly, as the Union's petition for review was untimely filed, and apart from other considerations, it is hereby dismissed. For the Authority. Issued, Washington, D.C., July 12, 1985 Harold D. Kessler Managing Director for Case Processing --------------- FOOTNOTES$ --------------- /1/ The Union's petition for review was initially filed with the Authority's Denver Regional Office.