21:0038(6)NG - AFGE Local 3048 and Justice, Bureau of Prisons, Federal Correctional Facility, Lompoc, CA -- 1986 FLRAdec NG



[ v21 p38 ]
21:0038(6)NG
The decision of the Authority follows:


 21 FLRA No. 6
 
 AMERICAN FEDERATION OF 
 GOVERNMENT EMPLOYEES, 
 AFL-CIO, LOCAL 3048
 Union
 
 and
 
 DEPARTMENT OF JUSTICE, 
 BUREAU OF PRISONS, FEDERAL 
 CORRECTIONAL FACILITY, 
 LOMPOC, CALIFORNIA
 Activity
 
                                            Case No. 0-NG-1236
 
                   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 service on the Union
 of the Agency' s allegations that the duty to bargain in good faith does
 not extend the matter proposed to be bargained.
 
    The Agency's allegation of nonnegotiability in this case apparently
 was served on the Union by mail on January 2, 1986.  Therefore, under
 section 2424.3 of the Authority' s Rules and