American Federation of Government Employees, Local 1052, AFL-CIO (Union) and United States Army Engineer Center, Fort Belvoir, Virginia (Activity)  

 6 FLRA No. 82
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 1052
 (Union)
 
 and
 
 UNITED STATES ARMY ENGINEER CENTER,
 FORT BELVOIR, VIRGINIA
 (Activity)
 
                                            Case No. O-NG-416
 
                   ORDER DISMISSING NEGOTIABILITY APPEAL
 
    THIS CASE IS BEFORE THE AUTHORITY UPON A PETITION FOR REVIEW OF A
 NEGOTIABILITY ISSUE FILED BY THE AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 1052 (UNION), PURSUANT TO SECTION 2424 OF THE
 AUTHORITY'S REGULATIONS (5 C.F.R. 2424(1980)).  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 REGULATIONS PROVIDES:
 
    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 UNION'S PETITION FOR REVIEW WAS FILED WITH THE AUTHORITY ON
 DECEMBER 24, 1980.  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 NOVEMBER 5, 1980 (AND ACTUALLY RECEIVED BY THE UNION
 ON NOVEMBER 13, 1980).  THE UNION SUBSEQUENTLY REQUESTED A FURTHER
 STATEMENT OF THE AGENCY'S POSITION AS TO THE DISPUTED PROVISION ON
 NOVEMBER 28, 1980, WHICH THE AGENCY, IN A LETTER OF DECEMBER 10, 1980,
 ANSWERED BY REFERRING TO ITS EARLIER DISAPPROVAL ACTION OF NOVEMBER 5,
 1980.  WHILE THE UNION'S PETITION WAS FILED WITHIN 15 DAYS FROM THE DATE
 OF SERVICE OF THE AGENCY'S LETTER OF DECEMBER 10, 1980, 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 SERVED
 ON THE UNION ON NOVEMBER 5, 1980.  /1/ THEREFORE, THE UNION'S PETITION,
 FILED WITH THE AUTHORITY ON DECEMBER 24, 1980, WAS CLEARLY UNTIMELY.
 
    ACCORDINGLY, AS THE UNION'S PETITION FOR REVIEW WAS UNTIMELY FILED,
 AND APART FROM OTHER CONSIDERATIONS, IT IS HEREBY DISMISSED.
 
    FOR THE AUTHORITY.
 
    ISSUED, WASHINGTON, D.C., AUGUST 26, 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.