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12:0242(56)NG - NFFE Local 63 and Navy, Navy Commissary Store Group, San Diego, CA -- 1983 FLRAdec NG

[ v12 p242 ]
The decision of the Authority follows:

 12 FLRA No. 56
                                            Case No. O-NG-831
    This matter is before the Authority pursuant to section 7105(a)(2)(E)
 of the Federal Service Labor-Management Relations Statute and section
 2424.1 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 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.  Additionally,
 pursuant to section 2429.22, when the allegation is served on the union
 by mail, five days are added to the prescribed period.
    From the submissions of the parties, the record before the Authority
 in this case indicates that the local parties executed a collective
 bargaining agreement and forwarded it to the agency head for review and
 approval pursuant to section 7114(c) of the Statute.  During such
 review, the agency head disapproved two provisions in the agreement by
 letter dated March 18, 1983.  Apparently, the local parties subsequently
 agreed in a Memorandum of Understanding dated April 14, 1983, to
 implement the local agreement and delete the disputed provisions until
 such time as the Authority rendered a negotiability determination.
    On April 27, 1983, the union filed the instant petition for review
 with the Authority.  While the union's petition for review was filed
 within 20 days from the parties' Memorandum of Understanding, it is
 clear that the union's appeal in this case seeks review of the agency's
 allegation of March 18, 1983, which was made in the course of reviewing
 the local agreement pursuant to section 7114(c) of the Statute.
 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
 computation of the time limit here involved, the union's petition for
 review had to be filed with the Authority no later than the close of
 business on April 11, 1983.  However, as stated above, the union's
 petition for review was not filed with the Authority until April 27,
 1983.  Therefore, the union's petition was untimely filed and must be
 dismissed on that basis.  See, e.g., American Federation of Government
 Employees, AFL-CIO, Local 896 and Defense Printing Service, Annapolis,
 Maryland, 6 FLRA No. 39 (1981), request for reconsideration denied:
 December 24, 1981.
    Accordingly, the union's petition for review in this case is hereby
 dismissed.  For the Authority.  Issued, Washington, D.C., June 20, 1983
                                       James J. Shepard, Executive