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13:0706(115)NG - AFGE Local 38 and INS -- 1984 FLRAdec NG



[ v13 p706 ]
13:0706(115)NG
The decision of the Authority follows:


 13 FLRA No. 115
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 38, AFL-CIO
 Union
 
 and
 
 U.S. IMMIGRATION AND
 NATURALIZATION SERVICE
 Activity
 
                                            Case No. O-NG-935
 
                   ORDER DISMISSING PETITION FOR REVIEW
 
    This case 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, 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 November 28, 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 December 13, 1983.  However, the petition for review was not
 filed until December 15, 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 31, 1984
                                       James J. Shepard, Executive
                                       Director