13:0582(97)NG - NFFE Local 64 and Navy -- 1984 FLRAdec NG

 13 FLRA No. 97
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 64
 (Union)
 
 and
 
 DEPARTMENT OF THE NAVY
 (Agency)
 
                                            Case No. O-NG-922
 
                   ORDER DISMISSING PETITION FOR REVIEW
 
    This case is before the Authority pursuant to section 7105(a)(2)(D)
 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 a negotiability issue filed by the Union.  For the reasons indicated
 below, it has been determined that the Union's petition for review was
 untimely filed and must be dismissed on that basis.
 
    Under section 7117(c)(2) of the Statute and section 2424.3 of the
 Authority's Rules and Regulations, the time limit for filing a petition
 for review of a negotiability issue is 15 days after 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 of nonnegotiability in this case was
 apparently served on the Union on October 11, 1983.  Therefore, under
 the above-cited provisions of the Statute and the Authority's Rules and
 Regulations the petition for review had to be filed, i.e., received in
 the national office of the Authority, no later than the close of
 business on October 31, 1983.  However, the petition for review was not
 filed until November 3, 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., January 12, 1984
                                       James J. Shepard, Executive
                                       Director