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16:0045(13)NG - NFFE Local 1363 and Army -- 1984 FLRAdec NG

[ v16 p45 ]
The decision of the Authority follows:

 16 FLRA No. 13
                                            Case No. O-NG-972
    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 a negotiability issue 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 a negotiability issue 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.  Further,
 pursuant to sections 2429.22 and 2429.27(d) of the Authority's
 Regulations which are also applicable to the computation of the time
 limit here involved, whenever the document which triggers the running of
 a prescribed period for filing is served on the other party by mail, an
 additional five days is added to that period.
    The Agency's allegation of nonnegotiability in this case was
 apparently served on the Union on February 28, 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 March 19, 1984.  However, the petition for review was not
 filed until March 21, 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