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13:0721(119)NG - Overseas Federation of Teachers and DOD Dependents Schools, Mediterranean Region -- 1984 FLRAdec NG



[ v13 p721 ]
13:0721(119)NG
The decision of the Authority follows:


 OVERSEAS FEDERATION OF TEACHERS
 Union
 
 and
 
 DEPARTMENT OF DEFENSE DEPENDENTS
 SCHOOLS, MEDITERRANEAN REGION
 Activity
 
                                            Case No. O-NG-937
 
                   ORDER DISMISSING PETITION FOR REVIEW
 
    The matter is before the Authority pursuant to section 7105(a)(2)(E)
 of the Federal Service Labor-Management 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 reason indicated below,
 the Union's petition 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 extent do the matter proposed to be bargained is served on the
 Union.  Section 2429.22 of the Authority's Regulations provides for an
 five days be added to the prescribed period when the document which
 triggers the running of such period is served on the other party by
 mail.
 
    From the submissions of the parties in the record before the
 Authority, it appears that the Activity's allegation of nonnegotiability
 was served on the Union by mail on November 14, 1983.  Therefore, under
 the above-cited provisions, the Union's petition for review was due in
 the national office of the Authority in Washington, D.C. before the
 close of business on December 5, 1983.  Since the Union's petition for
 review was not filed with the Authority until December 12, 1983, it is
 clearly untimely and must be dismissed on that basis.
 
    Accordingly, IT IS ORDERED that the Union's petition for review in
 this case be dismissed.
 
    For the Authority.
 
    Issued, Washington, D.C., January 31, 1984
 
                                       James J. Shepard, Executive
                                       Director