21:0038(6)NG - AFGE Local 3048 and Justice, Bureau of Prisons, Federal Correctional Facility, Lompoc, CA -- 1986 FLRAdec NG

 21 FLRA No. 6
 
 AMERICAN FEDERATION OF 
 GOVERNMENT EMPLOYEES, 
 AFL-CIO, LOCAL 3048
 Union
 
 and
 
 DEPARTMENT OF JUSTICE, 
 BUREAU OF PRISONS, FEDERAL 
 CORRECTIONAL FACILITY, 
 LOMPOC, CALIFORNIA
 Activity
 
                                            Case No. 0-NG-1236
 
                   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 allegations that the duty to bargain in good faith does
 not extend the matter proposed to be bargained.
 
    The Agency's allegation of nonnegotiability in this case apparently
 was served on the Union by mail on January 2, 1986.  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 22, 1986.  However, the petition for
 review was not filed until February 3, 1986, 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. February 10, 1986
                                       (s)---
                                       Harold D. Kessler
                                       Director of Case Management