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15:0261(52)NG - New York State Nurses Association and VA (Bronx Medical Center) -- 1984 FLRAdec NG



[ v15 p261 ]
15:0261(52)NG
The decision of the Authority follows:


 15 FLRA No. 52
 
 NEW YORK STATE NURSES ASSOCIATION
 Union
 
 and
 
 UNITED STATES OF AMERICAN VETERANS
 ADMINISTRATION (BRONX MEDICAL CENTER)
 Agency
 
                                            Case No. O-NG-1008
 
                   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 negotiability issues 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 record before the Authority in this case indicates that the
 parties forwarded a locally executed collective bargaining agreement to
 the agency head for review and approval pursuant to section 7114(c) of
 the Statute.  During such review, the agency head disapproved certain
 provisions in the negotiated agreement by letter dated May 9, 1984.
 Therefore, under the above-cited provisions, since the Agency's
 allegation in this case was apparently served on the Union by mail, the
 Union's petition for review was due to be filed with the Authority
 before the close of business on May 29, 1984.  Since the Union's
 petition for review was not filed until June 4, 1984, it is clearly
 untimely and must be dismissed on that basis.
 
    Accordingly, the Union's petition for review is hereby dismissed.
 
    For the Authority.
 
    Issued, Washington, D.C., July 13, 1984
                                       Harold D. Kessler, Director, Case
                                       Management