26:0199(24)NG - PPF and Red River Army Depot, Texarkana, Tex. -- 1987 FLRAdec NG

 26 FLRA No. 24
 
 UNITED ASSOCIATION OF JOURNEYMEN 
 AND APPRENTICES OF THE PLUMBING 
 AND PIPE FITTING INDUSTRY
 Union
 
 and
 
 RED RIVER ARMY DEPOT 
 TEXARKANA, TEXAS
 Activity
 
                                            Case No. 0-NG-1361
 
                   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.
 
    The documents the Union submitted with its petition for review
 indicate the Activity's allegation that certain Union proposals are
 nonnegotiable is dated December 16, 1986.  The 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(b) /1/ and 2429.22 which also are applicable to computation of
 the time limit here involved, the petition for review in order to be
 timely filed had to be either mailed to the national office of the
 Authority in Washington, D.C., and postmarked by the U.S. Postal Service
 no later than January 5, 1987, or if filed in person, received at the
 Authority's national office no later than the close of business on the
 same date.
 
    However, the Union's petition for review was not filed with the
 Authority at its national office in Washington, D.C., until January 21,
 1987.  The record indicates that the Union mailed its petition to Region
 16 of the National Labor Relations Board (NLRB) in Fort Worth, Texas, in
 an envelope postmarked January 7, 1987, and received by Region 16 on
 January 9, 1987.  The NLRB mailed the Union's petition to Region VI of
 the Federal Labor Relations Authority in Dallas, Texas in an official
 business envelope which was not postmarked.  Region VI received the
 petition on January 12, 1987.  The Regional Director by letter dated
 January 20, 1987, returned the petition to the Union with a copy of the
 Authority's Rules and Regulations, and an explanation that negotiability
 appeals must be filed with the national office of the Authority.  /2/ As
 the petition was then mailed to the Authority's national office --
 postmarked January 21, 1987, and received January 28, 1987 -- it was
 untimely filed.
 
    Accordingly, as the Union's petition for review was untimely filed,
 it is hereby dismissed.
 
    For the Authority.
 
    Issued, Washington, D.C., March 16, 1987.
 
                                       /s/ Harold D. Kessler
                                       Director of Case Management
 
 
 
 
 
                ---------------  FOOTNOTES$ ---------------
 
 
 
    (1) New subsection 2429.21(b) of the Authority's Rules and
 Regulations, applicable to petitions for review filed with the Authority
 on or after December 31, 1986, provides in pertinent part:
 
          Section 2429.21 Computation of time for filing papers.
 
                       .  .  .  .  .  .  .
 
 
          (b) Except when filing an unfair labor practice charge . . . ,
       a representation petition . . . , and a request for extension of
       time . . . , when this subchapter requires the filing of any paper
       with the Authority . . . , the date of filing shall be determined
       by the date of mailing indicated by the postmark date.  If no
       postmark date is evident on the mailing, it shall be presumed to
       have been mailed 5 days prior to receipt.  If the filing is by
       personal delivery, it shall be considered filed on the date it is
       received by the Authority . . . .  (51 Fed. Reg. 45751 (1986).)
 
    (2) Since the Authority's inception in 1979, its Rules and
 Regulations have required that petitions for review of agency
 allegations of nonnegotiability must be filed with the Authority at its
 national office in Washington, D.C.