IAM District Lodge 74 and Department of the Navy (Authority decision, June 27, 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 Navy served an allegation that a union proposal was nonnegotiable. The union filed its appeal after the fifteen day filing period had expired. The Authority dismissed the petition without deciding whether the proposal was negotiable.

Decision snapshot

• Authority: 5 U.S.C. § 7117(c)(2).
• Outcome: Negotiability petition dismissed as untimely.
• Key point: The fifteen day appeal period runs from service of the agency’s allegation.

Full text (FLRA public release)

[ v22 p285 ]

22:0285(27)NG

The decision of the Authority follows:

22 FLRA No. 27

INTERNATIONAL ASSOCIATION MACHINISTS
AND AEROSPACE WORKERS, DISTRICT LODGE 74
Union

and

DEPARTMENT OF THE NAVY
Activity

Case No. 0-NG-1274

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 April 16, 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 May 6, 1986. However, the petition for review was not filed until May 12, 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., June 27, 1986.
/s/ Harold D. Kessler
Director of Case Management