AFGE Local 1858 and Army Ballistic Missile Technology Defense Center (Authority decision, November 5, 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

AFGE Local 1858 petitioned for review of a negotiability dispute with an Army activity at Redstone Arsenal. The agency's allegation of nonnegotiability was served by mail on October 2, 1985. Applying the Authority's filing rules, the petition was due October 22, but arrived October 23. The Authority dismissed it as untimely.

Decision snapshot

• Authority: Petition deadline under 5 U.S.C. § 7117(c)(2).
• Outcome: Negotiability petition dismissed as untimely.
• Key point: A petition must reach the Authority by its computed filing deadline.

Full text (FLRA public release)

[ v20 p585 ]

20:0585(71)NG

The decision of the Authority follows:

20 FLRA No. 71

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 1858
Union

and

U.S. ARMY BALLISTIC MISSILE
TECHNOLOGY DEFENSE CENTER
REDSTONE ARSENAL, ALABAMA
Activity

Case No. 0-NG-1200

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 October 2, 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 22, 1985. However, the petition for review was not filed until October 23, 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 5, 1985
Harold D. Kessler
Managing Director for Case
Processing