AFGE Local 3048 and Bureau of Prisons, Lompoc (Authority decision, February 10, 1986)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority in a negotiability proceeding. 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 3048 sought review of a nonnegotiability allegation from the Bureau of Prisons' Lompoc facility. The allegation was apparently served by mail on January 2, 1986. The Authority found that the petition was due January 22 but was not filed until February 3. It dismissed the petition as untimely without deciding the proposed bargaining matter.

Decision snapshot

• Authority: Fifteen-day negotiability appeal limit under 5 U.S.C. § 7117(c)(2) and 5 C.F.R. § 2424.3.
• Outcome: Petition dismissed as untimely.
• Key point: A negotiability petition must reach the Authority within the statutory filing period after an agency allegation.

Full text (FLRA public release)

[ v21 p38 ]

21:0038(6)NG

The decision of the Authority follows:

21 FLRA No. 6

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
AFL-CIO, LOCAL 3048
Union

and

DEPARTMENT OF JUSTICE,
BUREAU OF PRISONS, FEDERAL
CORRECTIONAL FACILITY,
LOMPOC, CALIFORNIA
Activity

Case No. 0-NG-1236

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 allegations that the duty to bargain in good faith does not extend the matter proposed to be bargained.

The Agency's allegation of nonnegotiability in this case apparently was served on the Union by mail on January 2, 1986. 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 January 22, 1986. However, the petition for review was not filed until February 3, 1986, 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. February 10, 1986
(s)---
Harold D. Kessler
Director of Case Management