NFFE Local 892 and Corps of Engineers, Ohio River Division (Authority decision, May 16, 1985)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority dismissing a negotiability petition. An aggrieved person may seek judicial review by filing a petition in an appropriate United States court of appeals within 60 days after issuance under 5 U.S.C. § 7123(a). Filing a petition does not stay the Authority's order unless the court orders a stay under 5 U.S.C. § 7123(c).

Plain-English summary

NFFE Local 892 petitioned for review of a nonnegotiability allegation by the Corps of Engineers' Ohio River Division. The Authority calculated March 18, 1985, as the filing deadline after the agency mailed its allegation. The petition reached the Authority on March 21. It dismissed the petition as untimely without considering the proposal's merits.

Decision snapshot

• Authority: Negotiability petition deadline under 5 U.S.C. § 7117(c)(2).
• Outcome: Union petition dismissed as untimely.
• Key point: The petition was received three days after the computed deadline.

Full text (FLRA public release)

[ v18 p69 ]

18:0069(10)NG

The decision of the Authority follows:

18 FLRA No. 10

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 892
Union

and

DEPARTMENT OF DEFENSE, OHIO
RIVER DIVISION, CORPS OF ENGINEERS,
CINCINNATI, OHIO
Agency

Case No. 0-NG-1117

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 the Agency's allegation that the duty to bargain in good faith does not extend to the matter proposed to be bargained is served on the Union.

The Agency's allegation of nonnegotiability in this case was apparently served on the Union by mail on February 26, 1985. Therefore, under section 2424.3 of the Authority's Rules and Regulations as well as section 2429.22 which is also applicable to the computation of the time limit here involved, the petition for review had to be filed, i.e., received in the national office of the Authority, no later than the close of business on March 18, 1985. However, the petition for review was not filed until March 21, 1985, and was thus untimely under the Authority's rules of procedure.

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., May 16, 1985

Harold D. Kessler
Managing Director for Case Processing