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The decision of the Authority follows:
6 FLRA NO. 1
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO, LOCAL F-116 (Union) and HEADQUARTERS, 4392d AEROSPACE SUPPORT GROUP (SAC), VANDENBERG AIR FORCE BASE, CALIFORNIA (Activity) Case No. 0-NG-396
This matter is before the Federal Labor Relations Authority (the Authority) pursuant to section 7105(e)(2)(E) of the Federal Service Labor - Management Relations Statute (5 U.S.C. 7101 et seq.). For the reasons indicated below, it has been determined that the petition was untimely filed and cannot be accepted for review.
Under section 2424.3 of the Authority's Rules and Regulations (5 C.F.R. 2424.3 (1980)), it states:
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 petition for review in this case was filed with the Authority on October 30, 1980. It is apparent from the documents submitted by the agency that service of the agency's allegation of non-negotiability was made on the union on September 30, 1980. Therefore, the union's petition for review, filed with the Authority on October 30, 1980, was untimely.
Accordingly, as the union's petition for review was untimely filed with the Authority and apart from other considerations, the appeal is hereby dismissed.
For the Authority.
Issued, Washington, D.C., June 2, 1981
James J. Shepard, Executive Director [ v6 p3 ]