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16:0042(11)NG - ACTION Employees Union, AFSCM Local 2017 and ACTION -- 1984 FLRAdec NG



[ v16 p42 ]
16:0042(11)NG
The decision of the Authority follows:


 16 FLRA No. 11
 
 ACTION EMPLOYEES UNION,
 AFSCME LOCAL 2017
 Union
 
 and
 
 ACTION
 Agency
 
                                            Case No. 0-NG-1011
 
                   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 negotiability issues 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.
 
    It is apparent from the documents submitted with the Union's appeal
 that by letter dated February 7, 1984, the Agency declared certain of
 the Union's proposals to be nonnegotiable.  By letter dated April 25,
 1984, the Union requested a further statement of the Agency's position,
 which the Agency answered on April 26, 1984, by referring the Union back
 to its allegation of nonnegotiability dated February 7, 1984.
 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 February 22, 1984.  However, the petition
 for review was not filed until June 14, 1984, 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., September 24, 1984
                                       Jan K. Bohren
                                       Executive Director/Administrator