17:0006(3)NG - AFGE Local 1857 and McClellan AFB -- 1985 FLRAdec NG

 17 FLRA No. 3
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, LOCAL 1857
 Union
 
 and
 
 MCCLELLAN AIR FORCE BASE
 Activity
 
                                            Case No. O-NG-1096
 
                   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.
 
    The Agency's allegation of nonnegotiability in this case was
 apparently served on the Union by mail on December 21, 1984.  Therefore,
 under section 2424.3 of the Authority's Rules and Regulations as well as
 section 2429.22 which is also applicable to the computation of the time
 limit here involved, 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 January 10, 1985.  However, the petition for review
 was not filed until January 14, 1985, 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., January 31, 1985
                                       Harold D. Kessler
                                       Managing Director for Case
                                       Processing