Radio Officers Union and National Oceanic and Atmospheric Administration (Authority decision, April 25, 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

The Radio Officers Union appealed NOAA's statement that a proposal was outside its duty to bargain. Under the rules then in force, the union had 15 days after service of that statement to file its petition at the Authority's national office. It mailed a petition to a regional office, but there was no record that the office received it. The copy later sent to the national office arrived after the deadline. The Authority dismissed the petition as untimely without deciding the proposal's negotiability.

Decision snapshot

• Authority: Fifteen-day filing period under 5 U.S.C. § 7117(c)(2).
• Outcome: Petition dismissed as untimely.
• Key point: The petition had to reach the Authority's national office by the filing deadline.

Full text (FLRA public release)

[ v21 p506 ]

21:0506(67)NG

The decision of the Authority follows:

21 FLRA No. 67

RADIO OFFICERS UNION
D-3 NMEBA, AFL-CIO
Union

and

DEPARTMENT OF COMMERCE
NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION
Agency

Case No. 0-NG-1248

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. Further, under section 2429.23(d) of the Authority's rules of procedure, the time limit established in section 7117(c)(2) of the Statute may not be extended or waived by the Authority.

As part of its petition for review, the Union submitted a copy of the Agency's allegation of nonnegotiability dated January 22, 1986, which allegation apparently was served on the Union by mail on the same date. 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 February 11, 1986.

However, the petition for review was mistakenly addressed to the Authority's Washington Regional Office and sent by certified mail on February 6, 1986. The regional office has no record of receipt of such appeal, and the Union advises that it does not have proof of receipt. Although another copy of the petition for review was later sent to the Authority at its national office in Washington, D.C., it was not filed until March 19, 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., April 25, 1986.
/s/ Harold D. Kessler
Director of Case Management