21:0506(67)NG - Radio Officers Union D-3 NMEBA and Dept. of Commerce, NOAA -- 1986 FLRAdec NG



[ v21 p506 ]
21:0506(67)NG
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'