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13:0338(52)NG - Philadelphia MTC and Philadelphia Naval Shipyard -- 1983 FLRAdec NG



[ v13 p338 ]
13:0338(52)NG
The decision of the Authority follows:


 13 FLRA No. 52
 
 PHILADELPHIA METAL TRADES COUNCIL
 (Union)
 
 and
 
 PHILADELPHIA NAVAL SHIPYARD
 (Activity)
 
                                            Case No. O-NG-906
 
                   ORDER DISMISSING PETITION FOR REVIEW
 
    This matter is before the Authority pursuant to section 7105(a)(2)(E)
 of the Federal Service Labor-Management Relations Statute (5 U.S.C. 7101
 et seq.) and Part 2424 of the Authority's Rules and Regulations (5 CFR
 Part 2424 (1983)), on a petition for review of a negotiability issue
 filed by the Union.  For the reasons stated below, the Union's petition
 for review must be dismissed as untimely filed.
 
    Under section 2424.3 of the Authority's Rules and Regulations, the
 time limit for filing a petition for review is fifteen 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
 union.
 
    The Agency's allegation in this case was apparently served on the
 Union by mail by letter dated August 18, 1982.  Therefore, under the
 above-cited provisions, as well as section 2429.22 which is also
 applicable to the computation of the time limit in this case, the
 Union's petition for review was due to be filed with the Authority
 before the close of business on September 7, 1983.  However, the Union's
 petition for review was not filed with the Authority until September 16,
 1983, and was thus untimely under the Authority's rules of procedure.
 
    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., October 21, 1983
                                       James J. Shepard, Executive
                                       Director