NAGE and Missouri National Guard (Authority decision, May 22, 1986)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority. 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 Missouri National Guard disapproved terms of a negotiated agreement. The union filed its negotiability petition one day after the deadline measured from service of the disapproval by mail. The Authority dismissed the petition as untimely.

Decision snapshot

• Authority: 5 U.S.C. § 7117(c)(2).
• Outcome: Union negotiability petition dismissed as untimely.
• Key point: The filing clock starts when disapproval is served, not when the union receives it.

Full text (FLRA public release)

[ v21 p939 ]

21:0939(110)NG

The decision of the Authority follows:

21 FLRA No. 110

NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES, SEIU, AFL-CIO
Union

and

MISSOURI NATIONAL GUARD
Activity

Case No. 0-NG-1270

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 reivew 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.

The documents the Union submitted with its petition for review indicate that the parties forwarded a locally executed collective bargaining agreement to the Agency Head for review and approval pursuant to section 7114(c) of the Statute. As a result of such review, the Agency Head's designee disapproved certain provisions in the negotiated agreement by letter dated April 15, 1986. The disapproval 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, not later than the close of business on May 5, 1986. However, the petition was not filed with the Authority at its national office in Washington, D.C., until May 6, 1986.

In its negotiability appeal, the Union states at the outset that the Agency's disapproval was, "By letter received by the Union on April 21, 1986 . . . ." Inasmuch as the period for filing the instant petition for review began on the date the Agency's disapproval was served on the Union, that is, deposited in the mail (see section 2429.27(d) of the Authority's Rules and Regulations), and not on the date the disapproval was received, the Union's appeal was untimely filed.

Accordingly, as the Union's petition for review was untimely filed, and apart form other considerations, it is hereby dismissed.

For the Authority.

Issued, Washington, D.C., May 22, 1986.

/s/ Harold D. Kessler
Director of Case Management