36:0271(34)NG - ACT and Division of Military and Naval Affairs, State of New York - - 1988 FLRAdec NG



[ v36 p271 ]
36:0271(34)NG
The decision of the Authority follows:


36 FLRA No. 34


NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES
LOCAL R7-72
(Union)

and

U.S. DEPARTMENT OF THE ARMY
ROCK ISLAND ARSENAL
ROCK ISLAND, ILLINOIS
(Agency)

0-NG-1824

ORDER DISMISSING PETITION FOR REVIEW


July 12, 1990

The Union has filed a petition for review of negotiability issues in the above-captioned case. on June 11, 1990, the Authority issued an Order directing the Union to Show Cause why its petition for review should not be dismissed as untimely filed. The Union filed a timely response to the Authority's Order. For the reasons set out below, the Union's petition for  review 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 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). The time limit may not be extended or waived by the Authority. 5 C.F.R. 2429.23(d).

In its response to the order to Show Cause the Union states that the allegation of nonnegotiability was hand-delivered to the Union on April 30, 1990. Accordingly, a petition for review of
the Agency's allegation of nonnegotiability had to be either postmarked by the U.S. Postal Service or received in person at the Authority no later than May 15, 1990, in order to be considered timely. 5 C.F.R. 2424.3. 

The two methods of filing documents with the Authority are by mail (U.S. Postal Service) or in person (party, agent or delivery service). 5 C.F.R. 2429.24(e). If "the filing is by personal delivery, it shall be considered filed on the date it is received by the Authority(.)" 5 C.F.R. 2429.21(b).

The Union sent its petition for review to the Authority by Federal Express on May 15, 1990. Federal Express is a delivery service not associated with the U.S. Postal Service. The petition was received by the Authority on May 16, 1990. Accordingly, the Union's petition for review was filed on the date it was received
by the Authority. As the petition for review was neither postmarked by the U.S. Postal Service nor received in person at the A