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21:0506(67)NG - Radio Officers Union D-3 NMEBA and Dept. of Commerce, NOAA -- 1986 FLRAdec NG



[ v21 p506 ]
21:0506(67)NG
The decision of the Authority follows:


 21 FLRA No. 67
 
 RADIO OFFICERS UNION 
 D-3 NMEBA, AFL-CIO
 Union
 
 and
 
 DEPARTMENT OF COMMERCE 
 NATIONAL OCEANIC AND ATMOSPHERIC
 ADMINISTRATION
 Agency
 
                                            Case No. 0-NG-1248
 
                   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.  Further, under
 section 2429.23(d) of the Authority's rules of procedure, the time limit
 established in section 7117(c)(2) of the Statute may not be extended or
 waived by the Authority.
 
    As part of its petition for review, the Union submitted a copy of the
 Agency's allegation of nonnegotiability dated January 22, 1986, which
 allegation apparently was served on the Union by mail on the same date.
 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 February 11, 1986.
 
    However, the petition for review was mistakenly addressed to the
 Authority's Washington Regional Office and sent by certified mail on
 February 6, 1986.  The regional office has no record of receipt of such
 appeal, and the Union advises that it does not have proof of receipt.
 Although another copy of the petition for review was later sent to the
 Authority at its national office in Washington, D.C., it was not filed
 until March 19, 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., April 25, 1986.
                                       /s/ Harold D. Kessler
                                       Director of Case Management