09:0541(64)NG - NAGE Local R14-87 and NG Bureau -- 1982 FLRAdec NG

 9 FLRA No. 64
 
 NATIONAL ASSOCIATION OF GOVERNMENT
 EMPLOYEES, LOCAL R14-87
 (Union)
 
 and
 
 NATIONAL GUARD BUREAU
 (Agency)
 
                                            Case No. O-NG-636
 
                   ORDER DISMISSING NEGOTIABILITY APPEAL
 
    THIS CASE IS BEFORE THE AUTHORITY PURSUANT TO SECTION 7105(A)(2)(E)
 OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C. 7105
 ET SEQ.) AND SECTION 2424.1 OF THE AUTHORITY'S RULES AND REGULATIONS (5
 CFR 2424.1 (1981)), ON A PETITION FOR REVIEW OF A NEGOTIABILITY ISSUE
 FILED BY THE UNION ON JANUARY 18, 1982.  FOR THE REASONS INDICATED
 BELOW, IT HAS BEEN DETERMINED THAT THE UNION'S PETITION FOR REVIEW WAS
 UNTIMELY FILED AND MUST THEREFORE BE DISMISSED.
 
    FROM THE RECORD BEFORE THE AUTHORITY, IT APPEARS THAT DURING
 NEGOTIATIONS OVER A NEW COLLECTIVE BARGAINING AGREEMENT, THE CHIEF
 NEGOTIATOR FOR THE ACTIVITY ORALLY DECLARED A PROPOSAL TO BE
 NONNEGOTIABLE.  THE UNION REQUESTED A WRITTEN ALLEGATION FROM THE
 ACTIVITY AND WAS SERVED WITH THE WRITTEN ALLEGATION ON NOVEMBER 16,
 1981.  ON NOVEMBER 30, 1981, THE UNION FILED A PETITION FOR REVIEW OF
 THE ACTIVITY'S ALLEGATION OF NONNEGOTIABILITY WITH THE CHIEF OF THE
 NATIONAL GUARD BUREAU.  THE NATIONAL GUARD BUREAU, IN ITS RESPONSE OF
 DECEMBER 22, 1981, ADVISED THE UNION THAT THE PROPER PLACE IN WHICH TO
 FILE A NEGOTIABILITY APPEAL WAS THE FEDERAL LABOR RELATIONS AUTHORITY
 AND NOT THE NATIONAL OFFICE OF THE NATIONAL GUARD BUREAU.  THEREAFTER
 ANOTHER PETITION FOR REVIEW WAS FILED BY THE UNION WITH THE AUTHORITY ON
 JANUARY 18, 1982.
 
    SECTION 2424.3 OF THE AUTHORITY'S REGULATIONS PROVIDES, IN PERTINENT
 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 .
 . . .
 
    IN THIS CASE, THE WRITTEN ALLEGATION WAS SERVED ON THE UNION ON
 NOVEMBER 16, 1981.  ACCORDINGLY, THE PETITION FOR REVIEW WAS TO BE FILED
 WITH THE AUTHORITY NO LATER THAN DECEMBER 7, 1981.  IT WAS NOT FILED
 WITH THE AUTHORITY HOWEVER, UNTIL JANUARY 18, 1982.  ALTHOUGH THE
 UNION'S EARLIER PETITION FOR REVIEW FILED WITH THE AGENCY HEAD HAD BEEN
 FILED WITHIN 15 DAYS FROM SERVICE OF THE ALLEGATION, FILING WITH THE
 AGENCY HEAD DOES NOT SATISFY THE FILING REQUIREMENT OF THE AUTHORITY
 RULES AND REGULATION.  THUS, SECTION 2429.24 OF THE RULES AND
 REGULATIONS REQUIRES THAT A DOCUMENT SUBMITTED TO THE AUTHORITY MUST BE
 FILED WITH THE NATIONAL OFFICE OF THE AUTHORITY AT THE ADDRESS SET FORTH
 IN APPENDIX A OF THE REGULATIONS.
 
    ACCORDINGLY, AS THE ORIGINAL PETITION FOR REVIEW WAS NOT FILED WITH
 THE AUTHORITY AND AS THE PETITION FILED WITH THE AUTHORITY WAS NOT FILED
 WITHIN 15 DAYS OF SERVICE OF THE AGENCY'S ALLEGATION, THE PETITION FOR
 REVIEW WAS UNTIMELY FILED UNDER THE AUTHORITY'S RULES.
 
    THE PETITION FOR REVIEW HAVING BEEN UNTIMELY FILED, AND APART FROM
 OTHER CONSIDERATIONS, IT IS HEREBY ORDERED THAT THE PETITION BE, AND IT
 HEREBY IS, DISMISSED.  FOR THE AUTHORITY.  ISSUED, WASHINGTON, D.C.,
 JULY 21, 1982
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR