[ v32 p180 ]
The decision of the Authority follows:
32 FLRA No. 30
UNITED STATES OF AMERICA
FEDERAL LABOR RELATIONS AUTHORITY
NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 15
DEPARTMENT OF THE ARMY
HEADQUARTERS, U.S. ARMY
ARMAMENT MUNITIONS AND
Case No. 0-NG-1540
The Union's petition for review of a negotiability issue under 5 U.S.C. 7105(a)(2)(E) and 5 C.F.R. 2424.1 of the Authority's Rules and Regulations is dismissed.
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. 5 U.S.C. 7117(c)(2) and 5 C.F.R. 2424.3
The documents the Union submitted in accordance with our Order dated April 29, 1988, indicate that the Agency's allegation of nonnegotiability is dated March 1, 1988. The Union contends that it did not receive the Agency's allegation until March 14, 1988, as shown on the allegation. We need not decide on which date the Union was served. Using either date, the Union's petition is untimely.
To be timely, the petition for review 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 March 29, 1988 (assuming March 14, 1988 was the date of service), or if filed in person, received at the Authority's national office no later than the close of business on the same date. Since the petition for review was not mailed to the Authority's national office until April 12, 1988,it was untimely filed.
Accordingly, the Union's petition for review is dismissed.
For the Authority.
Issued, Washington, D.C.,
Jacqueline R. Bradley
(If blank, the decision does not have footnotes.)