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 ]
33:0845(106)NG
The decision of the Authority follows:


33 FLRA No. 106

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

NATIONAL COUNCIL OF FIELD LABOR LOCALS

and

DEPARTMENT OF LABOR

MINE SAFETY AND HEALTH ADMINISTRATION ACADEMY

BECKLEY, WEST VIRGINIA

0-NG-1618

ORDER

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'