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American Federation of Government Employees, AFL-CIO, Local 2703 and Department of Commerce, National Oceanic and Atmospheric Administration



[ v02 p348 ]
02:0348(45)NG
The decision of the Authority follows:


 2 FLRA No. 45
 
 MR. RONALD D. KING, DIRECTOR
 CONTRACT AND APPEALS DIVISION
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO
 1325 MASSACHUSETTS AVENUE, NW.
 WASHINGTON, D.C. 20005
 
                             RE:  AMERICAN FEDERATION OF GOVERNMENT
                                  EMPLOYEES, AFL-CIO, LOCAL 2703
                                  AND DEPARTMENT OF COMMERCE, NATIONAL
                                  OCEANIC AND ATMOSPHERIC ADMINISTRATION,
                                  Case No. 0-NG-58
 
 DEAR MR. KING:
 
    THIS REFERS TO THE PETITION FOR REVIEW OF A NEGOTIABILITY ISSUE IN
 THE ABOVE-ENTITLED CASE, FILED WITH THE AUTHORITY ON MAY 3, 1979, BY THE
 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO(THE UNION).
 
    FOR THE REASONS INDICATED BELOW, IT HAS BEEN DETERMINED THAT THE
 PETITION WAS UNTIMELY FILED AND CANNOT BE ACCEPTED FOR REVIEW.
 
    SECTION 2424.3 OF THE AUTHORITY'S INTERIM RULES OF PROCEDURE (44 F.R.
 44765), PERTAINING TO PETITIONS FOR REVIEW OF NEGOTIABILITY ISSUES,
 PROVIDES, IN PART:
 
    THE TIME LIMIT FOR FILING A PETITION FOR REVIEW IS FIFTEEN (15) DAYS
 AFTER THE DATE THE
 
    AGENCY'S ALLEGATION THAT THE DUTY TO BARGAIN IN GOOD FAITH DOES NOT
 EXTEND TO THE MATTER
 
    PROPOSED TO BE BARGAINED IS SERVED ON THE EXCLUSIVE REPRESENTATIVE.
 
    THE AGENCY'S ALLEGATION THAT THE PROPOSAL AT ISSUE IN THIS CASE IS
 NONNEGOTIABLE IS DATED FEBRUARY 22, 1979, AND APPEARS, ABSENT ANY
 INDICATION IN THE RECORD TO THE CONTRARY, TO HAVE BEEN SERVED ON THE
 UNION ON THAT SAME DATE.  THEREFORE, THE UNION'S PETITION FOR REVIEW,
 FILED WITH THE AUTHORITY ON MAY 3, 1979, MORE THAN 2 MONTHS AFTER THE
 DATE OF THE ALLEGATION, IS CLEARLY UNTIMELY.
 
    ACCORDINGLY, SINCE THE UNION'S APPEAL WAS UNTIMELY FILED WITH THE
 AUTHORITY, AND APART FROM OTHER CONSIDERATIONS, THE APPEAL IS HEREBY
 DISMISSED.
 
    FOR THE AUTHORITY.
 
                                SINCERELY,
 
                           SAMUEL A. CHAITOVITZ
 
                            EXECUTIVE DIRECTOR
 
    CC:  J. C. BROWN
 
    COMMERCE