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12:0068(22)NG - AFGE Local 1662 and Army, HQ Fort Huachuca, Fort Huachuca, AZ -- 1983 FLRAdec NG



[ v12 p68 ]
12:0068(22)NG
The decision of the Authority follows:


 12 FLRA No. 22
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 1662
 (Union)
 
 and
 
 DEPARTMENT OF THE ARMY,
 HEADQUARTERS FORT HUACHUCA,
 FORT HUACHUCA, ARIZONA
 (Agency)
 
                                            Case No. O-NG-833
 
                   ORDER DISMISSING PETITION FOR REVIEW
 
    This matter is before the Federal Labor Relations Authority pursuant
 to section 7105(a)(2)(E) of the Federal Service Labor-Management
 Relations Statute and section 242.1 of the Authority's Rules and
 Regulations on a petition for review of negotiability issues filed by
 the union.  For the reasons 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 record before the Authority 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 March 30, 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 March 30, 1983, the union's petition for review
 was due to be filed in the national office of the Authority no later
 than the close of business on April 19, 1983.  However, the union's
 petition for review, initially incorrectly filed in the Authority's Los
 Angeles Regional Office on April 25, 1983, was not filed in the national
 office of the Authority until April 28, 1983.  In any event, without
 passing upon whether a waiver of the requirement for filing in the
 national office might be warranted, it is clear the union's petition for
 review was not filed by April 19, 1983, as required.  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 19, 1983
                                       James J. Shepard, Executive
                                       Director