34:0003(1)NG - - AFGE Local 1923 and HHS, SSA, Newport News, Virginia - - 1989 FLRAdec NG - - v34 p3


[ v34 p3 ]
34:0003(1)NG
The decision of the Authority follows:


34 FLRA No. 1

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 1923

and

U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES

SOCIAL SECURITY ADMINISTRATION

NEWPORT NEWS, VIRGINIA

0-NG-1734

ORDER DISMISSING PETITION FOR REVIEW

September 6, 1989

The American Federation of Government Employees, Local 1923 (Union) has filed a petition for review of negotiability issues in the above-referenced case. For reasons set out below, 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. An Agency head's disapproval constitutes an allegation of nonnegotiability. National Federation of Federal Employees, Local 1505 and Department of the Interior, National Park Service, Roosevelt-Vanderbilt National Historical Site, Hyde Park, New York, 7 FLRA 608 (1982); Department of the Interior, National Park Service, Colonial National Historical Park, Yorktown, Virginia and National Association of Government Employees, Local R4-68, 20 FLRA 537, 540 (1985). 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).