29:1355(112)NG - MEBA VS EPA



[ v29 p1355 ]
29:1355(112)NG
The decision of the Authority follows:


 29 FLRA NO. 112

ENGINEERS AND SCIENTISTS OF
CALIFORNIA, MEBA (AFL-CIO)

                   Union

      and

UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY

                   Agency

Case NO. 0-NG-1265

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 (the Statute) and section 2424.1 of the Authority's Rules and Regulations on a petition for review of negotiability issues filed by the Union.

The Agency states that this appeal concerns provisions of a locally negotiated collective bargaining agreement which were disapproved by the Agency Head under section 7114(c) of the Statute in 1985. The Agency argues that the appeal must be dismissed as untimely under section 7117 of the Statute and section 2424.3 of our Regulations, because it was filed more than one year after the Agency served the disapprovals on the Union. The Union did not respond to these Agency contentions.

Based on the Agency's contentions, which are not disputed by the Union, we conclude the Union's petition is untimely and must be dismissed. Section 2424.3 of our Regulations provides:

2424.3 Time limits for filing.

The time limit for filing a petition for review (of negotiability issues) is fifteen (15) days after the date the agency's allegation that the duty to bargain in g