46:1208(113)NG - - IAM, Local 2333 and Air Force, HQ 2750th Air Base Wing (AFMC), Wright-Patterson AFB, OH - - 1993 FLRAdec NG - - v46 p1208
[ v46 p1208 ]
The decision of the Authority follows:
46 FLRA No. 113
FEDERAL LABOR RELATIONS AUTHORITY
INTERNATIONAL ASSOCIATION OF MACHINISTS AND
U.S. DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 2750TH AIR BASE WING (AFMC)
WRIGHT-PATTERSON AIR FORCE BASE, OHIO
ORDER DISMISSING PETITION FOR REVIEW
January 15, 1993
The Union has filed a petition for review of negotiability issues in the above-captioned case. On December 10, 1992, the Authority issued an Order directing the parties to furnish the Authority with documentation showing when the Agency head's disapproval of the collective bargaining agreement was served on the Union, and whether the disapproval was served by mail or in person. In addition, the Union was directed to correct certain deficiencies in its petition for review. Both parties filed timely responses to the Authority's December 10 Order. However, 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).
The record in this case indicates that the local parties' negotiated agreement was executed on September 21, 1992, and submitted to the Agency head for review. By memorandum dated October 20, 1992, the Agency disapproved three provisions of the negotiated agreement. In its response to the Authority's December 10 Order, the Agency furnished a postmarked, certified mail receipt showing that the Agency's memorandum of disapproval was served on the Union by certified mail on October 20, 1992. Therefore, in order to be considered timely, a petition for review of the Agency's disapproval had to be either postmarked by the U.S. Postal Service or received in person at the Authority no later than November 9, 1992. 5 C.F.R. § 2424.3. The Union's petition for review was filed (postmarked) on November 19, 1992.
The Union's response to the Authority's December 10, 1992 Order asserts that the October 20, 1992, Agency head disapproval was an unrequested allegation of nonnegotiability. However, it is well established that the submission of an agreement to an agency head for approval or disapproval constitutes a request for an allegation of nonnegotiability under Section 2424.3 of the Authority's Regulations, and that the 15-day time limit for an appeal to the Authority starts on the date the disapproval is served on the union. 5 C.F.R. § 2424.3. See, for example, Engineers and Scientists of California, MEBA (AFL-CIO) and United States Environmental Protection Agency, 29 FLRA 1355, 1356 (1987).
The Union's petition for review was not filed in the Authority's Docket Room within the prescribed