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17:0015(7)NG - AFGE Local 1931 and Navy, Naval Weapons Station, Concord, CA -- 1985 FLRAdec NG



[ v17 p15 ]
17:0015(7)NG
The decision of the Authority follows:


 17 FLRA No. 7
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 1931
 Union
 
 and
 
 U.S. DEPARTMENT OF THE NAVY
 NAVAL WEAPONS STATION
 CONCORD, CALIFORNIA
 Activity
 
                                            Case No. O-NG-1103
 
                   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 service on the Union
 of the Agency's allegation that the duty to bargain in good faith does
 not extend to the matter proposed to be bargained.
 
    The Agency's allegation of nonnegotiability in this case was
 apparently served on the Union by mail on January 3, 1985.  Therefore,
 under section 2424.3 of the Authority's Rules and Regulations as well as
 sections 2429.21 and 2429.22 which also are applicable to computation of
 the time limit here involved, the petition for review had to be filed,
 that is, received in the national office of the Authority, no later than
 the close of business on January 23, 1985.  However, the petition for
 review was not filed until February 11, 1985, and thus was 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., February 19, 1985
                                       Harold D. Kessler
                                       Managing Director for Case
                                       Processing