33:0857(113)NG - - IFPTE, Local No. 12 and Navy, Pugent Sound Naval Shipyard, Bremerton, WA - - 1989 FLRAdec NG - - v33 p857
[ v33 p857 ]
The decision of the Authority follows:
33 FLRA No. 113
FEDERAL LABOR RELATIONS AUTHORITY
INTERNATIONAL FEDERATION OF PROFESSIONAL
AND TECHNICAL ENGINEERS, LOCAL NO. 12
U.S. DEPARTMENT OF THE NAVY
PUGET SOUND NAVAL SHIPYARD
ORDER DISMISSING PETITION FOR REVIEW
April 5, 1989
The International Federation of Professional and Technical Engineers, Local No. 12 (Union) has filed a petition for review of negotiability issues in the above-referenced case. The Union's petition for review is untimely and must be dismissed.
A petition for review of negotiability issues must be filed with the Authority within 15 days after service on the Union of the Agency's allegation of nonnegotiability. 5 C.F.R. § 2424.3. The date of service is the date the allegation is deposited in the U.S. mail or is delivered in person. 5 C.F.R. § 2429.27(d). If the allegation is served by mail, 5 days are added to the 15-day period for filing the petition for review. 5 C.F.R. § 2429.22. The time limit may not be extended or waived by the Authority. 5 C.F.R. § 2429.23(d). Any document filed with the Authority, including a petition for review of negotiability issues, must be filed in the Authority's Docket Room in Washington, D.C. 5 C.F.R. § 2429.24(a).
The Department of the Navy, Puget Sound Naval Shipyard, Bremerton, Washington (Agency) provided a written allegation of nonnegotiability to the Union dated February 2, 1989. The Union states that it received the allegation on February 3, 1989. The Union does not state whether the allegation was served by mail or delivered in person. Presuming that the allegation was served by mail on February 2, l989, any petition for review of the Agency's allegation had to be either postmarked by the U.S. Postal Service or received in person by the Authority by February 22, 1989, to be timely filed. 5 C.F.R. §§ 2424.3, 2429.21(b), and 2429.22. If the allegation was delivered in person on February 3, 1989, a petition for review had to be postmarked by February 21, 1989.
The Union's petition for review was filed (postmarked) with the Authority's Docket Room in Washington, D.C. on February 23, 1989. Accordingly, the Union's petition for review is untimely and must be dismissed.
The fact that the Union initially mailed its petition to the Authority's San Francisco Regional Office on February 15, 1989, is irrelevant. A petition for review of negotiability issues may not be filed in a Regional Office. 5 C.F.R. § 2429.24(a). See also The Association of Civilian Technicians and the Division of Military and Naval Affairs, the State of New York, 32 FLRA 96 (1988).
The Union's petition is dismissed.
For the Authority.
Clyde B. Blandford, Jr.
Acting Executive Director