Please note that Friday, January 20, 2017, is a federal holiday for the Washington, D.C. metropolitan area.  The following FLRA offices will not be open to accept in-person case filings or to respond to phone calls on that day:  the Authority’s Case Intake and Publication Office, the Office of Administrative Law Judges, the Washington Regional Office, OGC Headquarters (Appeals), and the Federal Service Impasses Panel.  The FLRA’s eFiling System remains available.         

National Treasury Employees Union and NTEU Chapters 153, 161 and 183 and U.S. Customs Service, Region II



[ v02 p351 ]
02:0351(46)NG
The decision of the Authority follows:


 2 FLRA No. 46
 
 MR. RICHARD BLAZAR
 ASSISTANT COUNSEL
 NATIONAL TREASURY EMPLOYEES UNION
 1730 K STREET, NW., SUITE 1101
 WASHINGTON, D.C. 20006
 
                          RE:  NATIONAL TREASURY EMPLOYEES UNION
                               AND NTEU CHAPTERS 153, 161 AND 183
                               AND U.S. CUSTOMS SERVICE, REGION II,
                               Case No. 0-NG-29
 
 DEAR MR. BLAZAR:
 
    THIS REFERS TO THE PETITION FOR REVIEW OF VARIOUS NEGOTIABILITY
 ISSUES IN THE ABOVE-ENTITLED CASE, FILED WITH THE AUTHORITY ON MARCH 30,
 1979, BY THE NATIONAL TREASURY EMPLOYEES UNION (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 PROPOSALS AT ISSUE IN THIS CASE ARE
 NONNEGOTIABLE IS DATED FEBRUARY 28, 1979, AND APPEARS, ABSENT ANY
 INDICATION IN THE RECORD TO THE CONTRARY, TO HAVE BEEN SERVED ON THE
 UNION ON THE SAME DATE.  THEREFORE, THE UNION'S PETITION FOR REVIEW,
 FILED WITH THE AUTHORITY MARCH 30, 1979, 30 DAYS 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:  D.S. ORR
 
    CUSTOMS
 
    H. DESEGUIRANT
 
    TREASURY
 
    A. F. INGRASSIA
 
    OPM