American Federation of Government Employees, Local 896, AFL-CIO (Union) and Defense Printing Service, Annapolis, Maryland (Activity)

 6 FLRA No. 39
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, AFL-CIO,
 LOCAL 896
 (Union)
 
 and
 
 DEFENSE PRINTING SERVICE,
 ANNAPOLIS, MARYLAND
 (Activity)
 
                                            Case No. O-NG-434
 
                   ORDER DISMISSING NEGOTIABILITY APPEAL
 
    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 (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.
 
    FROM THE RECORD BEFORE THE AUTHORITY IT APPEARS THAT THE AGENCY
 DISAPPROVED A PARTICULAR PROVISION IN THE LOCAL PARTIES' AGREEMENT,
 ALLEGING THAT THE PROVISION WAS NONNEGOTIABLE, BY LETTER SERVED ON THE
 UNION ON OR ABOUT JUNE 30, 1980.  THE UNION'S PETITION FOR REVIEW IN
 THIS CASE WAS NOT FILED WITH THE AUTHORITY UNTIL FEBRUARY 18, 1981.
 WHILE THE UNION REQUESTED A FURTHER STATEMENT OF THE AGENCY'S POSITION
 AS TO THE DISPUTED PROVISION ON DECEMBER 24, 1980, WHICH THE AGENCY, IN
 A LETTER DATED FEBRUARY 3, 1981, ANSWERED BY REFERRING THE UNION TO ITS
 EARLIER DISAPPROVAL ACTION, IT IS APPARENT THAT THE UNION'S APPEAL IN
 THIS CASE SEEKS REVIEW OF THE AGENCY'S ALLEGATION WHICH, AS INDICATED,
 WAS MADE IN THE COURSE OF REVIEWING THE LOCAL AGREEMENT PURSUANT TO
 SECTION 7114(C) OF THE STATUTE AND WAS SERVED ON THE UNION ON JUNE 30,
 1980, AND IS, THEREFORE, CLEARLY UNTIMELY.  /1/
 
    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., JULY 1, 1981
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR
 
 
 
 
 
 --------------- FOOTNOTES: ---------------
 
 
    /1/ CF. AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL
 2955 AND NATIONAL GUARD BUREAU, OFFICE OF THE ADJUTANT GENERAL, DES
 MOINES, IOWA, 5 FLRA NO.  86(1981), AT P. 2.