38:0503(47)NG - - NFFE Locals 642, 1911, 1966 and 2024 and Interior, Bureau of Land Management, Oregon State Office - - 1990 FLRAdec NG - - v38 p503
[ v38 p503 ]
The decision of the Authority follows:
38 FLRA NO. 47
FEDERAL LABOR RELATIONS AUTHORITY
NATIONAL FEDERATION OF FEDERAL EMPLOYEES
LOCALS 642, 1911, 1966 AND 2024
U.S. DEPARTMENT OF INTERIOR
BUREAU OF LAND MANAGEMENT
OREGON STATE OFFICE
ORDER DISMISSING PETITION FOR REVIEW
November 28, 1990
The Union has filed a petition for review of negotiability issues in the above-captioned case. The 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 of a locally negotiated collective bargaining agreement constitutes an allegation of nonnegotiability for the purpose of filing a petition for review. See Philadelphia Metal Trades Council and Philadelphia Naval Shipyard, Philadelphia, Pennsylvania, 33 FLRA 849 (1989), petition for reconsideration denied, 35 FLRA 588 (1990). 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).
On September 18, 1989, the Agency and the Union executed a Memorandum of Understanding (MOU) addressing the impact and implementation of the Agency's Drug-Free Workplace Policy. On October 12, 1989, the Agency disapproved seven sections of the MOU. The Agency head's disapproval was served in person on Locals 642, 1911 and 2024 on October 17, 1