20 FLRA NO. 50

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, NATIONAL GSA COUNCIL

     Union

     and

GENERAL SERVICES ADMINISTRATION

     Agency

Case No. 0-NG-1175

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.

During the course of negotiations between the parties, a dispute arose concerning the negotiability of a Union proposal concerning the Agency's obligation to advise an employee of the right to Union representation at the outset of an investigation. On June 27, 1985, the parties entered into a Memorandum of Understanding, which states in pertinent part that, "The Employer has advised the Union of its position that the proposal is nonnegotiable to the extent it would bind the Office of Inspector General, because the OIG is an 'independent arm of the agency.'" Thus, the Agency's written allegation was set forth in the parties' Memorandum of Understanding of June 27, 1985, and the time limit for filing a petition for review of the negotiability dispute involved began to run from that date. 1

Under section 7117(c)(2) of the Statute and section 2424.3 of the Authority's Rules and Regulations, the time li