National Federation of Federal Employees, Local 1745 and Veterans Administration (Authority decision, February 27, 1987)

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

NFFE Local 1745 petitioned the Authority to review a Veterans Administration claim that a union proposal was nonnegotiable. The VA delivered that claim to the union on November 21, 1986, making December 8 the filing deadline under the rules then in effect. The union's petition did not reach the Authority until December 10, and the union supplied no evidence to change the filing date. The Authority dismissed the petition as untimely without deciding whether the proposal was negotiable.

Decision snapshot

• Authority: Negotiability petition deadline under 5 U.S.C. § 7117(c)(2).
• Outcome: Petition dismissed as untimely.
• Key point: The petition arrived two days after the applicable deadline, and the statutory filing period could not be waived.

Full text (FLRA public release)

[ v25 p1039 ]

25:1039(87)NG

The decision of the Authority follows:

25 FLRA No. 87

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 1745
Union

and

VETERANS ADMINISTRATION
Agency

Case No. 0-NG-1351

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 must be dismissed.

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.

The documents the Union submitted with its petition for review indicate the Agency's allegation that the proposal in question is nonnegotiable is dated November 20, 1986. A notation on the Agency's allegation, "Received 11/21/86 JM," shows that it was served on the Union by hand delivery on November 21, 1986. Therefore, under section 2424.3 of the Authority's Rules and Regulations as well as section 2429.21 /1/ which also is 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 December 8, 1986. /2/ However, the petition was not filed with the Authority at its national office in Washington, D.C., until December 10, 1986. By letter dated February 12, 1987, the Union was requested by the Authority to furnish any evidence which would establish a contrary finding regarding this matter. No such evidence has been provided by the Union in response to the Authority's request within the time period granted.

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 27, 1987.
/s/ Harold D. Kessler
Director of Case Management

--------------- FOOTNOTES$ ---------------

(1) Section 2429.21 of the Authority's rules, which amendments are applicable to negotiability appeals pending or filed with the Authority on or after December 31, 1986, now provides in pertinent part that "the date of filing shall be determined by the date of mailing indicated by the postmark date." 51 Fed. Reg. 46751 (1986).

(2) Under section 2429.22 of the Authority's rules, five additional days shall be added to the prescribed period only when a party is served by mail.