46:0291(25)NG - - NFFE, Local 2030 and Interior, Bureau of Land Management, Idaho Falls District, Idaho Falls, ID - - 1992 FLRAdec NG - - v46 p291



[ v46 p291 ]
46:0291(25)NG
The decision of the Authority follows:


46 FLRA No. 25

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

NATIONAL FEDERATION OF FEDERAL EMPLOYEES

LOCAL 2030

(Union)

and

U.S. DEPARTMENT OF THE INTERIOR

BUREAU OF LAND MANAGEMENT

IDAHO FALLS DISTRICT OFFICE

IDAHO FALLS, IDAHO

(Agency)

0-NG-2079

ORDER DISMISSING PETITION FOR REVIEW

October 23, 1992

On September 1, 1992, the Authority issued an Order directing the parties to furnish documentation to show: (1) when the parties' negotiated agreement was executed; (2) when the Agency's disapproval was served on the Union, and (3) whether the disapproval was served by mail or in person. The Union's responses addressing the issues in the Order are dated September 9, October 2, and 8, 1992. The Agency's responses are dated September 15, 23, and 25, 1992. For the reasons which follow, the Authority dismisses the Union's petition for review for failure to raise negotiability issues which may be addressed by the Authority under section 7117 of the Federal Service Labor-Management Relations Statute (the Statute). 5 U.S.C. § 7117.

Section 7114(c)(3) of the Statute requires an agency's disapproval to be served on the union within 30 days after the date the parties' negotiated agreement was executed. 5 U.S.C. § 7114(c)(3). The date of service is the date the disapproval is deposited in the U.S. mail or is delivered in person. 5 C.F.R. § 2429.27(d). Proof of service by mail or by personal delivery is either "[a] return post office receipt or other written receipt executed by the party or person served[.]" 5 C.F.R. § 2429.27(b). A petition for review of negotiability issues filed by a union in response to an agency head disapproval which is not timely served on the union does not raise negotiability issues which may be addressed by the Authority under section 7117 of the Statute