42:0160(8)NG - NTEU and IRS -- 1991 FLRAdec NG

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42:0160(8)NG
The decision of the Authority follows:


42 FLRA No. 8

FEDERAL LABOR RELATIONS AUTHORITY
WASHINGTON, D.C.


NATIONAL TREASURY EMPLOYEES UNION
(Union)

and

U.S. DEPARTMENT OF THE TREASURY
INTERNAL REVENUE SERVICE
(Agency)

0-NG-1966
	     

ORDER DISMISSING PETITION FOR REVIEW
September 13, 1991

On August 16, 1991, the Authority issued an Order directing the Union to show cause why its petition for review in the above-captioned case should not be dismissed as untimely filed. The Union filed a timely response to the Authority's Order, the Agency filed a response to the Union's response and the Union filed a supplemental submission. For the reasons set out below, the Union's petition 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 Agency's 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).

The Agency's written allegation of nonnegotiability is dated July 8, l991. The Union in its response to t