32:0096(13)NG - THE ASSOCIATION OF CIVILIAN TECHNICIANS and THE DIVISION OF MILITARY AND NAVAL AFFAIRS, THE STATE OF NEW YORK -- 1988 FLRAdec NG
[ v32 p96 ]
The decision of the Authority follows:
32 FLRA NO. 13 32 FLRA 96 Date: 12 MAY 1988 THE ASSOCIATION OF CIVILIAN TECHNICIANS Union and THE DIVISION OF MILITARY AND NAVAL AFFAIRS, THE STATE OF NEW YORK Activity Case No. 0-NG-1548 ORDER The Union has filed with the Authority a petition for review of the Activity's allegation of nonnegotiability concerning certain negotiability issues pursuant to 5 U.S.C. 7117(c) and 5 C.F.R. 2424.1. The Union's petition is untimely and must be dismissed. The Activity's allegation reads in pertinent part: "Management regards these proposals as non-negotiable. Submitted to Mr. Lucia (ACT) by Col Carpenter w/ Col Amnerall present on 11 APR 88 at 1:40 pm." The Union's petition: (1) is undated; (2) was misdirected to Region 1 of the Federal Labor Relations Authority in Boston, Massachusetts in an envelope postmarked April 21, 1988; 1 (3) was forwarded to the Authority by the Boston Region by letter dated April 27, 1988, which was received May 2, 1988; and (4) was filed with the Authority on April 27, 1988, by operation of 5 C.F.R. 2429.21(b), which provides that if no postmark date is evident on the mailing, it is presumed to have been mailed 5 days prior to receipt. 2 The time limit for filing a petition for review of negotiability issues is 15 days after the date the union is served with the agency's allegation that the duty to bargain in good faith does not extend to the matter proposed to be bargained. 5 U.S.C. 7117(c)(2) and 5 C.F.R. 2424.3. The date of service is the day when the matter served is deposited in the U.S. mail or is delivered in person. 5 C.F.R. 2429.27(d). The Activity's allegation is dated April 11, 1988, and, indicates that it was served by hand on the Union on that same day. Therefore, in order to be timely filed, the Union's petition for review of the Activity's allegation 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 April 26, 1988, or if filed in person, received at the Authority's national office no later than the close of business that same date. 5 C.F.R. 2429.21(b), as amended. 3 However, the Union's petition was filed on April 27, 1988. Accordingly, as the Union's petition for review was untimely filed, it is dismissed. For the Authority. Issued, Washington, D.C., May 12, 1988. Jacqueline R. Bradley Executive Director FOOTNOTES Footnote 1 It is well established that a petition for review of an agency's allegation of nonnegotiability cannot be filed at a Regional Office. Since the inception of the Authority in 1979, applicable regulations have required that any documents filed or required to be filed with the Authority must be filed at the Authority's national office. 5 C.F.R. 2429.24(a). Footnote 2 A discussion of the method for determining the date of filing in the absence of a postmark is found in Veterans Administration, Veterans Administration Medical Center, Muskogee, Oklahoma, 29 FLRA 51 (1987). Footnote 3 51 Fed. Reg. 45751 (1986). The amendments to section 2429.21 of 5 C.F.R. are applicable to petitions for review pending or filed with the Authority on or after December 31, 1986.