23:0462(66)NG - AFGE Council 157 and Treasury, Mint -- 1986 FLRAdec NG



[ v23 p462 ]
23:0462(66)NG
The decision of the Authority follows:


 23 FLRA No. 66
 
 AMERICAN FEDERATION OF GOVERNMENT 
 EMPLOYEES, AFL-CIO, COUNCIL 157
 Union
 
 and
 
 DEPARTMENT OF THE TREASURY
 U.S. MINT
 Agency
 
                                            Case No. 0-NG-1319
 
                   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 reivew 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 extended or
 waived by the Authority.
 
    The documents the Union submitted with its petition for review
 indicate the Agency's allegation that certain Union proposals are
 nonnegotiable is dated August 14, 1986.  The allegation apparently was
 served on the Union by mail on the same date.  Therefore, under section
 2424.3 of the Authority's Rules and Regulations as well as sections
 2429.21 and 2429.22 which also are applicable to computation of the time
 limit here involved, the petition for review had to be filed, that is,
 received in the national office of the Authority, not later than the
 close of business on September 3, 1986.  However, the petition was not
 filed with the Authority at its national office in Washington, D.C.,
 until September 4, 1986.
 
    As indicated by the Union's date stamp on the Agency's allegation of
 nonnegotiability, the Union received the allegation on August 20, 1986.
 However, as the period for filing the instant petition for review began
 on the date the Agency's allegation was served on the Union, that is,
 deposited in the mail (see section 2429.27(d) of the Authority's Rules
 and Regulations), and not on the date the allegation was received, the
 Union's appeal was untimely filed.
 
    Accordingly, as the Union's petition for review was untimely filed,
 and apart from other considerations, it is hereby dismissed.
 
    For the Authority.
 
    Issued, Washington, D.C., September 26, 1986.
                                       /s/ Harold D. Kessler
                                       Harold D. Kessler