23:0534(72)NG - Hawaii Federal Employees Metal Trades Council and Pearl Harbor Naval Shipyard -- 1986 FLRAdec NG



[ v23 p534 ]
23:0534(72)NG
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 .
 . . b