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20:0585(71)NG - AFGE Local 1858 and Army Ballistic Missile Technology Defense Center, Redstone Arsenal, AL -- 1985 FLRAdec NG



[ v20 p585 ]
20:0585(71)NG
The decision of the Authority follows:


 20 FLRA No. 71
 
 AMERICAN FEDERATION OF GOVERNMENT 
 EMPLOYEES, AFL-CIO, LOCAL 1858
 Union 
 
 and 
 
 U.S. ARMY BALLISTIC MISSILE 
 TECHNOLOGY DEFENSE CENTER 
 REDSTONE ARSENAL, ALABAMA 
 Activity 
 
                                            Case No. 0-NG-1200
 
                   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 apparently
 was served on the Union by mail on October 2, 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 October 22, 1985.  However, the petition for
 review was not filed until October 23, 1985, and thus was untimely.
 
    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., November 5, 1985
                                       Harold D. Kessler
                                       Managing Director for Case
                                       Processing