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19:0538(68)NG - NTEU and HHS, Office of the Secretary/Human Development Services -- 1985 FLRAdec NG



[ v19 p538 ]
19:0538(68)NG
The decision of the Authority follows:


 19 FLRA No. 68
 
 NATIONAL TREASURY
 EMPLOYEES UNION
 Union
 
 and
 
 DEPARTMENT OF HEALTH AND HUMAN
 SERVICES, OFFICE OF THE
 SECRETARY/HUMAN DEVELOPMENT SERVICES
 Agency
 
                                            Case No. O-NG-1155
 
                   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 June 14, 1985.  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 July 8, 1985.  However, the petition for review was
 not filed until July 15, 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., August 6, 1985
                                       Harold D. Kessler
                                       Managing Director for Case
                                       Processing