46:0088(8)NG - - NAGE, Local R12-150 and DOD, NG Bureau, State of CA Office of the Adjutant General - - 1992 FLRAdec NG - - v46 p88
[ v46 p88 ]
The decision of the Authority follows:
46 FLRA No. 8
FEDERAL LABOR RELATIONS AUTHORITY
NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES
U.S. DEPARTMENT OF DEFENSE
NATIONAL GUARD BUREAU
STATE OF CALIFORNIA
OFFICE OF THE ADJUTANT GENERAL
ORDER DISMISSING PETITION FOR REVIEW
October 7, 1992
The Union has filed a petition for review of negotiability issues in the above-captioned case. 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). Any document filed with the Authority must be filed in the Authority's Docket Room in Washington, D.C. 5 C.F.R. § 2429.24(a).
The Agency's written allegation of nonnegotiability is dated July 30, l992. Presuming that the allegation was deposited in the U.S. mail on that date, a petition for review of negotiability issues had to be either postmarked by the U.S. Postal Service or received in person at the Authority's Docket Room no later than August 19, 1992, in order to be considered timely. 5 C.F.R. §§ 2424.3, 2429.21(b), and 2429.22.
A petition for review of an agency's allegation of nonnegotiability cannot be filed with a Regional Office of the Authority, but must be filed with the Authority's Docket Room. 5 C.F.R. § 2429.24(a). See The Association of Civilian Technicians and the Division of Military and Naval Affairs, the State of New York, 32 FLRA 96 (1988).
The Union's petition for review, dated September 2, 1992, was mailed to the Authority's San Francisco Regional Office. The Regional Office received the petition and forwarded it to the Authority's Docket Room. The Union's petition was received in the Authority's Docket Room on September 15, 1992. Accordingly, the Union's petition for review is considered filed on September 15, l992, the date it was received in the Authority's Docket Room.
The Union's petition for review was not filed in the Authority's Docket Room within the prescribed time limit. Accordingly, as the time limit for filing a petition for review may not be extended or waived by the Authority, the Union's petition for review is dismissed.
For the Authority.
Alicia N. Columna
Director, Case Control Office
(If blank, the decision does not have footnotes.)