33:0845(106)NG - - AFGE, National Council of Field Labor Locals and Labor, Mine Safety and Health Administration Academy, Beckley, WV - - 1988 FLRAdec NG - - v33 p845
[ v33 p845 ]
The decision of the Authority follows:
33 FLRA No. 106
FEDERAL LABOR RELATIONS AUTHORITY
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
NATIONAL COUNCIL OF FIELD LABOR LOCALS
DEPARTMENT OF LABOR
MINE SAFETY AND HEALTH ADMINISTRATION ACADEMY
BECKLEY, WEST VIRGINIA
December 20, 1988
The Authority has before it a petition for review of negotiability issues pursuant to 5 C.F.R. § 2424.1. The Union's petition is untimely and must be dismissed.
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. 5 C.F.R. § 2424.3. Further, the time limit may not be extended or waived by the Authority. 5 C.F.R. § 2429.23(d).
A review of the record indicates that the Agency's undated, written allegation of nonnegotiability was received by the Union on October 11, 1988. Even assuming that service was made on the same day, in order to be timely filed, any petition for review of the Agency's allegation of nonnegotiability 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 October 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) (1986). The Union's petition, dated November 9, 1988, was misdirected to the Authority's Washington Regional Office in an envelope postmarked November 10, 1988.(*) The petition was not received at the National Office of the Authority until November 15, 1988.
Accordingly, since the Union's petition for review was untimely filed, it is dismissed.
For the Authority.
Clyde B. Blandford, Jr.
Acting Executive Director
(If blank, the decision does not have footnotes.)
*/ Since the Authority's inception in 1979, its Rules and Regulations have required that petitions for review of agency allegations of nonnegotiability must be filed with the Authority at its National Office in Washington, D.C.