33:0881(125)NG - - AFGE Local 3615 and HHS, SSA, Office of Hearings and Appeals, Arlington, Virginia - - 1989 FLRAdec NG - - v33 p881
[ v33 p881 ]
The decision of the Authority follows:
33 FLRA No. 125
FEDERAL LABOR RELATIONS AUTHORITY
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
SOCIAL SECURITY ADMINISTRATION
OFFICE OF HEARINGS AND APPEALS
ORDER TO DISMISS
August 3, 1989
The American Federation of Government Employees, Local 3615 (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). 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 Department of the Health and Human Services, Social Security Administration, Office of Hearings and Appeals (Agency) provided a written allegation of nonnegotiability to the Union dated and received by the Union on May 10, 1989. Any petition for review had to be postmarked or received in person in the Authority's Docket Room no later than May 30, 1989, in order to be considered timely. 5 C.F.R. §§ 2424.3, 2429.21(b).
The Union mailed its petition to the Washington, D.C. Regional Office on June 21, 1989. On July 5, 1989, the Regional Office received the Union's petition and hand delivered it to the Authority's Docket Room.
The Union's petition for review was not timely filed in the Authority's Docket Room. Accordingly, the Union's petition for review must be dismissed.
For the Authority.