50:0121(24)NG - - NFFE, Local 422 and Interior, Bureau of Indian Affairs, Colorado River Agency, Parker, AZ - - 1995 FLRAdec NG - - v50 p121



[ v50 p121 ]
50:0121(24)NG
The decision of the Authority follows:


50 FLRA No. 24

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

NATIONAL FEDERATION OF FEDERAL EMPLOYEES

LOCAL 422

(Union)

and

U.S. DEPARTMENT OF THE INTERIOR

BUREAU OF INDIAN AFFAIRS

COLORADO RIVER AGENCY

PARKER, ARIZONA

(Agency)

0-NG-2221

ORDER DISMISSING PETITION FOR REVIEW

February 2, 1995

The Union has filed a petition for review of negotiability issues in the above-captioned case. On January 10, 1995, the Authority directed the Union to show cause why its petition for review should not be dismissed as untimely filed. The Union filed a timely response to the Authority's Order. For the reasons set out below, the Union's petition for review 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. 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.

If a Union receives an unsolicited allegation of nonnegotiability, including one made by an Agency during proceedings before the Federal Service Impasses Panel (the Panel), the Union has two options: (1) respond to the unsolicited allegation of nonnegotiability and timely file a petition for review with the Authority; or (2) ignore the unsolicited allegation of nonnegotiability made before the Panel, make a written request for a written allegation of nonnegotiability from the agency, and timely file its petition for review with the Authority. See American Federation of Government Employees, National Border Patrol Council and National Immigration and Naturalization Service Council and U.S. Department of Justice, Immig