25:1039(87)NG - NFEE Local 1745 and VA -- 1987 FLRAdec NG

 25 FLRA No. 87
 
 NATIONAL FEDERATION OF FEDERAL 
 EMPLOYEES, LOCAL 1745
 Union
 
 and
 
 VETERANS ADMINISTRATION
 Agency
 
                                            Case No. 0-NG-1351
 
                   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 must
 be dismissed.
 
    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.
 
    The documents the Union submitted with its petition for review
 indicate the Agency's allegation that the proposal in question is
 nonnegotiable is dated November 20, 1986.  A notation on the Agency's
 allegation, "Received 11/21/86 JM," shows that it was served on the
 Union by hand delivery on November 21, 1986.  Therefore, under section
 2424.3 of the Authority's Rules and Regulations as well as section
 2429.21 /1/ which also is 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 December 8, 1986.  /2/ However, the petition was
 not filed with the Authority at its national office in Washington, D.C.,
 until December 10, 1986.  By letter dated February 12, 1987, the Union
 was requested by the Authority to furnish any evidence which would
 establish a contrary finding regarding this matter.  No such evidence
 has been provided by the Union in response to the Authority's request
 within the time period granted.
 
    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 27, 1987.
                                       /s/ Harold D. Kessler
                                       Director of Case Management
 
 
                ---------------  FOOTNOTES$ ---------------
 
 
 
    (1) Section 2429.21 of the Authority's rules, which amendments are
 applicable to negotiability appeals pending or filed with the Authority
 on or after December 31, 1986, now provides in pertinent part that "the
 date of filing shall be determined by the date of mailing indicated by
 the postmark date." 51 Fed. Reg. 46751 (1986).
 
    (2) Under section 2429.22 of the Authority's rules, five additional
 days shall be added to the prescribed period only when a party is served
 by mail.