[ v33 p849 ]
The decision of the Authority follows:
33 FLRA No. 109
FEDERAL LABOR RELATIONS AUTHORITY
PHILADELPHIA METAL TRADES COUNCIL
PHILADELPHIA NAVAL SHIPYARD
ORDER DISMISSING PETITION FOR REVIEW
March 3, 1989
The Philadelphia Metal Trades Council (Union) has filed a petition for review of negotiability issues in the above-referenced case. The Union's petition for review is untimely and must be dismissed.
The time limit for filing a petition for review of a negotiability issue is 15 days after service on the Union of the Agency's allegation of nonnegotiability. 5 C.F.R. § 2424.3. The date of service is the date the allegation is deposited in the U.S. mail or is delivered in person. 5 C.F.R. § 2429.27(d). If the allegation is served by mail, 5 days are added to the 15-day period for filing the petition for review. 5 C.F.R. § 2429.22. The time limit may not be extended or waived by the Authority. 5 C.F.R. § 2429.23(d).
By letter dated December 21, 1988, the Department of the Navy (Agency) disapproved certain provisions of the parties' negotiated agreement. The disapproval was served on the Union by certified mail on that date.
The Agency's disapproval constituted an allegation of nonnegotiability for the purpose of filing a petition for review. National Federation of Federal Employees, Local 1505 and Department of the Interior, National Park Service, Roosevelt-Vanderbilt National Historical Site, Hyde Park, New York, 7 FLRA 608 (1982); Department of the Interior, National Park Service, Colonial National Historical Park, Yorktown, Virginia and National Association of Government Employees, Local R4-68, 20 FLRA 537, 540 (1985). Any petition for review of the Agency's allegation of nonnegotiability had to be either postmarked by the U.S. Postal Service or received in person at the Authority no later than January 10, 1989, in order to be considered timely. 5 C.F.R. §§ 2424.3, 2429.21(b) and 2429.22. The Union's appeal was filed--postmarked-- January 13,1989. Accordingly, the Union's petition for review is dismissed as untimely filed.
For the Authority.
Clyde B. Blandford, Jr.
Acting Executive Director
(If blank, the decision does not have footnotes.)