21:0506(67)NG - Radio Officers Union D-3 NMEBA and Dept. of Commerce, NOAA -- 1986 FLRAdec NG
[ v21 p506 ]
The decision of the Authority follows:
21 FLRA No. 67 RADIO OFFICERS UNION D-3 NMEBA, AFL-CIO Union and DEPARTMENT OF COMMERCE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION Agency Case No. 0-NG-1248 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 allegation that the duty to bargain in good faith does not extend to the matter proposed to be bargained. Further, under section 2429.23(d) of the Authority's rules of procedure, the time limit established in section 7117(c)(2) of the Statute may not be extended or waived by the Authority. As part of its petition for review, the Union submitted a copy of the Agency'