Here, the Union chose not to respond to the Agency’s unsolicited allegation and instead requested an allegation. As the Agency did not provide an allegation in response to the Union’s written request, the Union was not required to file its petition within any particular time frame. Consequently, the Union’s petition was timely filed.
B. The Union’s petition is not moot.
In its Order of October 19, 2010, the Authority gave the parties an opportunity to show cause why the Union’s petition should not be dismissed as moot. See Order of October 19, 2010 at 2. The record shows that the Union responded by asserting that its petition was not moot because the construction of the building has not been completed and the office relocation has not yet occurred. See Union’s Response to Order of October 19, 2010 at 3-4. The record also shows that the Agency did not respond to the Authority’s Order or dispute, in its SOP, the Union’s claim that the petition was not moot. Accordingly, we find that the Agency has not met its burden of demonstrating that the petition is moot. See NAGE, Local R1-109, 61 FLRA 593, 596 (2006) (agency burden not met where agency failed to demonstrate that union’s proposals were moot). Consequently, we find that the Union’s petition is not moot.