34:0003(1)NG - - AFGE Local 1923 and HHS, SSA, Newport News, Virginia - - 1989 FLRAdec NG - - v34 p3
[ v34 p3 ]
The decision of the Authority follows:
34 FLRA No. 1
FEDERAL LABOR RELATIONS AUTHORITY
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
SOCIAL SECURITY ADMINISTRATION
NEWPORT NEWS, VIRGINIA
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).
The Union and the Department of Health and Human Services, Social Security Administration (SSA), Region III signed a Memorandum of Understanding on June 15, 1989. On July 13, 1989, SSA Region III forwarded the Department of Health and Human Services, Social Security Administration's (Agency) July 12 disapproval to the Union. 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 July 13, 1989, 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 August 2, 1989, to be timely filed. 5 C.F.R. §§ 2424.3, 2429.21(b), and 2429.22. The Union's petition for review was filed (postmarked) on August 9, 1989.(*)
The Union's petition for review was not timely filed. Accordingly, the Union's petition for review is dismissed.
For the Authority.
Clyde B. Blandford, Jr.
Acting Executive Director
(If blank, the decision does not have footnotes.)
*/ The Union states that it did not receive the July 13 allegation until August 2, 1989. Section 7114(c)(3) of the Federal Service Labor-Management Relations Statute (the Statute) requires the Agency's disapproval to be served on the Union within 30 days after the date the agreement was executed. Absent a timely disapproval, the agreement becomes effective on the 31st day, subject to the Statute and applicable law, rule or regulation.