Machinists Union and Naval Undersea Warfare Engineering Station (Authority decision, November 8, 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

The Machinists Union petitioned for review of a negotiability dispute with the Naval Undersea Warfare Engineering Station. The agency's allegation of nonnegotiability had been served by mail on September 30, 1985, making October 21 the filing deadline under the Authority's timing rules. The petition arrived on October 22. The Authority dismissed it as untimely.

Decision snapshot

• Authority: Petition deadline under 5 U.S.C. § 7117(c)(2).
• Outcome: Petition dismissed as untimely.
• Key point: The petition had to be received by the Authority by the computed deadline.

Full text (FLRA public release)

[ v20 p642 ]

20:0642(74)NG

The decision of the Authority follows:

20 FLRA No. 74

INTERNATIONAL ASSOCIATION OF MACHINISTS
AND AEROSPACE WORKERS
Union

and

DEPARTMENT OF THE NAVY, NAVAL
UNDERSEA WARFARE ENGINEERING STATION
Activity

Case No. 0-NG-1199

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.

The Agency's allegation of nonnegotiability in this case apparently was served on the Union by mail on September 30, 1985. Therefore, under section 2424.3 of the Authority's Rules and Regulations as well as sections 2429.21 and 2429.22 which also are applicable to computation of the time limit here involved, the petition for review had to be filed, that is, received in the national office of the Authority, no later than the close of business on October 21, 1985. However, the petition for review was not filed until October 22, 1985, and thus was untimely.

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., November 8, 1985

(s)---
Harold D. Kessler
Managing Director for Case
Processing