20:0164(18)NG - AFSCME, Local 2478 and Commission on Civil Rights -- 1985 FLRAdec NG



[ v20 p164 ]
20:0164(18)NG
The decision of the Authority follows:


20 FLRA No. 18

AMERICAN FEDERATION OF STATE, COUNTY 
AND MUNICIPAL EMPLOYEES, LOCAL 2478 
Union 

and 

U.S. COMMISSION ON CIVIL RIGHTS 
Agency

                                      Case No. 0-NG-1140

                  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 on June 5, 1985.  For the
reasons indicated below, it has been determined that the Union's
petition for review must be dismissed.

   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 date the
agency's allegation that the duty to bargain does not extend to the
matter proposed to be bargained is served on the exclusive
representative.  In accordance with section 2429.27(b) of the
Authority's regulations, service of any document or paper, including
documents and papers served by one party on another, shall be made by
certified mail or in person;  that section of the rules further provides
that a return post office receipt or other written receipt executed by
the party or person served shall be proof of service.  Additionally,
section 2429.27(d) provides that the date of the service shall be the
day when the matter served is deposited in the U.S. mail or is delivered
in person.

   In this case, the agency's allegation of nonnegotiability is dated
May 14, 1985, and the agency asserts that the allegation was delivered
in person to the Union's president on that date.  Accordingly, the
agency maintains that the Union's petition for review, which was filed
with the Authority on June 5, 1985, was untimely under the Authority's
rules.  The Union contends that the petition was timely filed inasmuch
as the agency's allegation was served by interoffice mail and not
delivered until "on or about May 22, 1985."

   The Authority finds that the agency has failed to satisfy the
Authority's regulatory requirements with respect to service of its
allegation of nonnegotiability.  In this regard, the agency's
representative states that the agency's chief negotiator and its
personnel officer "are prepared to testify" that the allegation was
delivered in person to the Union's president on May 14, 1985.  Such
testimony, however, would not constitute proof of service since section
2429.27 of our rules provides that when personal service is made a
"written receipt executed by the party or person served shall be proof
of service." The agency nei