15:0775(144)NG - NTEU and Treasury, Customs Service -- 1984 FLRAdec NG

 15 FLRA No. 144
 
 NATIONAL TREASURY EMPLOYEES UNION
 Union
 
 and
 
 DEPARTMENT OF THE TREASURY,
 CUSTOMS SERVICE
 Agency
 
                                            Case No. O-NG-1024
 
                   ORDER DISMISSING PETITION FOR REVIEW
 
    This matter comes before the Authority pursuant to section
 7105(a)(2)(e) of the Federal Service Labor-Management Relations Statute
 and part 2424 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, it has been determined that 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.  Section 2429.22 of the Authority's Regulations, however,
 provides for an additional 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 June 13, 1984.  Therefore, under the
 above-cited provisions, the Union's petition for review was due in the
 national office of the Authority before the close of business on July 3,
 1984.  However, the Union's petition for review was not filed until July
 5, 1984.
 
    Accordingly, as the Union's petition for review was untimely filed,
 and apart from other considerations, the Union's petition for review is
 hereby dismissed.
 
    For the Authority.
 
    Issued, Washington, D.C., August 29, 1984
                                       Jan K. Bohren
                                       Executive Director/Administrator