33:0825(95)NG - - AFGE Local 644 and Labor, Mine Safety and Health Administration, Pittsburgh Health Technology Center - - 1988 FLRAdec NG - - v33 p825

33 FLRA No. 95

This matter is before the Authority pursuant to 5 U.S.C. § 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 was untimely filed and must be dismissed.

Under 5 U.S.C. § 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 a negotiability issue is 15 days after service on the Union of the Agency's allegation of nonnegotiability. Further, under 5 C.F.R. § 2429.23(d), the time limit established in section § 7117(c)(2) of the Statute may not be extended or waived by the Authority.

The Agency's allegation of nonnegotiability was served on the Union by mail on August 26, 1988. The dat