U.S. Federal Labor Relations Authority

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12:0060(18)NG - Illinois Nurses Association and VA -- 1983 FLRAdec NG

[ v12 p60 ]
The decision of the Authority follows:

 12 FLRA No. 18
                                            Case No. O-NG-819
    This matter is before the Federal Labor Relations Authority ,
 pursuant to section 7105(a)(2)(E) of the Federal Service
 Labor-Management Relations Statute (5 U.S.C. 7101 et seq.) and section
 2424.1 of the Authority's Rules and Regulations (5 CFR 2424.1 (1983)) on
 a petition for review of negotiability issues filed on behalf of the
 union.  For the reason indicated below, the union's petition for review
 must be dismissed.
    Section 2424.3 of the Authority's Rules and Regulations provides that
 the time limit for filing a petition for review is 15 days after service
 of the agency's allegation that the duty to bargain in good faith does
 not extend to the matter proposed to be bargained.
    The instant petition for review was filed with the Authority on March
 28, 1983.  The record in this case indicates that the parties forwarded
 a locally executed collective bargaining agreement to the agency head
 for review and approval pursuant to section 7114(c) of the Statute.
 During such review, the agency head disapproved certain provisions in
 the negotiated agreement by letter dated February 25, 1983.  Therefore,
 under section 2424.3, as well as sections 2429.21 and 2429.22 of the
 Rules and Regulations, which are also applicable to the time limit here
 involved, since the agency's allegation of nonnegotiability was served
 by mail on February 25, 1983, the union's petition for review was due to
 be filed with the Authority no later than the close of business on March
 21, 1983.  However, as indicated above, the union's petition for review
 was not filed with the Authority until March 28, , 1983.  Therefore, the
 union's petition was untimely filed and must be dismissed on that basis.
    Accordingly, as the union's petition for review was untimely filed,
 and apart from other considerations, the appeal is hereby dismissed.
 For the Authority.  Issued, Washington, D.C., May 12, 1983
                                       James J. Shepard, Executive