26:0199(24)NG - PPF and Red River Army Depot, Texarkana, Tex. -- 1987 FLRAdec NG



[ v26 p199 ]
26:0199(24)NG
The decision of the Authority follows:


 26 FLRA No. 24
 
 UNITED ASSOCIATION OF JOURNEYMEN 
 AND APPRENTICES OF THE PLUMBING 
 AND PIPE FITTING INDUSTRY
 Union
 
 and
 
 RED RIVER ARMY DEPOT 
 TEXARKANA, TEXAS
 Activity
 
                                            Case No. 0-NG-1361
 
                   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 Activity's allegation that certain Union proposals are
 nonnegotiable is dated December 16, 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(b) /1/ and 2429.22 which also are applicable to computation of
 the time limit here involved, the petition for review in order to be
 timely filed had to be either mailed to the national office of the
 Authority in Washington, D.C., and postmarked by the U.S. Postal Service
 no later than January 5, 1987, or if filed in person, received at the
 Authority's national office no later than the close of business on the
 same date.
 
    However, the Union's petition for review was not filed with the
 Authority at its national office in Washington, D.C., until January 21,
 1987.  The record indicates that the Union mailed its petition to Region
 16 of the National Labor Relations Board (NLRB) in Fort Worth, Texas, in
 an envelope postmarked January 7, 1987, and received by Region 16 on
 January 9, 1987.  The NLRB mailed the Union's petition to Region VI of
 the Federal Labor Relations Authority in Dallas, Texas in an official
 business envelope which was not postmarked.  Region VI received the
 petition on January 12, 1987.  The Regional Director by letter dated
 January 20, 1987, returned the petiti