21:0939(110)NG - NAGE, SEIU and Missouri NG -- 1986 FLRAdec NG

 21 FLRA No. 110
 
 NATIONAL ASSOCIATION OF GOVERNMENT 
 EMPLOYEES, SEIU, AFL-CIO
 Union
 
 and
 
 MISSOURI NATIONAL GUARD
 Activity
 
                                            Case No. 0-NG-1270
 
                   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 reivew 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.
 
    The documents the Union submitted with its petition for review
 indicate that the parties forwarded a locally executed collective
 bargaining agreement to the Agency Head for review and approval pursuant
 to section 7114(c) of the Statute.  As a result of such review, the
 Agency Head's designee disapproved certain provisions in the negotiated
 agreement by letter dated April 15, 1986.  The disapproval 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, not later
 than the close of business on May 5, 1986.  However, the petition was
 not filed with the Authority at its national office in Washington, D.C.,
 until May 6, 1986.
 
    In its negotiability appeal, the Union states at the outset that the
 Agency's disapproval was, "By letter received by the Union on April 21,
 1986 . . . ." Inasmuch as the period for filing the instant petition for
 review began on the date the Agency's disapproval was served on the
 Union, that is, deposited in the mail (see section 2429.27(d) of the
 Authority's Rules and Regulations), and not on the date the disapproval
 was received, the Union's appeal was untimely filed.
 
    Accordingly, as the Union's petition for review was untimely filed,
 and apart form other considerations, it is hereby dismissed.
 
    For the Authority.
 
    Issued, Washington, D.C., May 22, 1986.
 
                                       /s/ Harold D. Kessler
                                       Director of Case Management