28:0771(100)NG - AFGE, LOCAL 1735 VS NAVY, NAVY PUBLIC WORKS DEPART



[ v28 p771 ]
28:0771(100)NG
The decision of the Authority follows:


28 FLRA NO. 100



AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1735

                  Union

         and

DEPARTMENT OF THE NAVY
PUBLIC WORKS DEPARTMENT
NAVAL AIR STATION
KINGSVILLE, TEXAS

                  Activity

Case No. 0-NG-1428

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 deter-mined 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 extended or waived by the Authority.

The documents the Union submitted with its petition for review indicate that the Activity's written allegation that a c