15:0097(19)NG - NTEU Chapter 226 and Agriculture, Food and Nutrition Service -- 1984 FLRAdec NG

 15 FLRA No. 19
 
 NATIONAL TREASURY EMPLOYEES
 UNION, CHAPTER 226
 Union
 
 and
 
 U.S. DEPARTMENT OF AGRICULTURE,
 FOOD AND NUTRITION SERVICE
 Agency
 
                                            Case No. O-NG-960
 
                   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 and section
 2424.3 of the Authority's Rules and Regulations, 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.  Further, section 2429.22 of the Authority's Regulations provides
 for an extra five days to be added to the prescribed period when the
 document which triggers the running of such period is served on the
 other party by mail.
 
    The Agency's allegation in this case was apparently served on the
 Union by mail by letter dated February 9, 1984.  Therefore, under the
 above-cited provisions, the Union's petition for review was due to be
 filed with the Authority before the close of business on February 29,
 1984.  Since the Union's petition for review was not filed until March
 2, 1984, it is clearly untimely and must be dismissed on that basis.
 
    Accordingly, and apart from other considerations, the Union's
 petition for review is hereby dismissed.
 
    For the Authority.
 
    Issued, Washington, D.C., June 13, 1984
 
                                       Harold D. Kessler, Director
                           Case Management