23:0534(72)NG - Hawaii Federal Employees Metal Trades Council and Pearl Harbor Naval Shipyard -- 1986 FLRAdec NG
[ v23 p534 ]
The decision of the Authority follows:
23 FLRA No. 72 HAWAII FEDERAL EMPLOYEES METAL TRADES COUNCIL, AFL-CIO Union and PEARL HARBOR NAVAL SHIPYARD Agency Case No. 0-NG-1303 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. The documents the Union submitted with its petition for review indicate the Agency's allegation that the proposal in question is nonnegotiable is dated July 7, 1986. A notation on the Agency's allegation shows that it was served on the Union by hand delivery on July 8, 1986, which is also the date of receipt indicated by the Union's date stamp affixed to the allegation. Therefore, under section 2424.3 of the Authority's Rules and Regulations as well as section 2429.21 which also is 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 July 23, 1986. /*/ However, the petition was not filed with the Authority at its national office in Washington, D.C., until July 25, 1986. 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 30, 1986. /s/ Harold D. Kessler Director of Case Management --------------- FOOTNOTES$ --------------- (*) Consistent with section 2429.22 of the Authority's rules of procedure, five days is added to the filing period only when "the notice or paper (i.e., the Agency's allegation of nonnegotiability) is served . . . by mail."