California Teamsters Public, Professional and Medical Employees Union, Local 911 and Department of the Navy (Authority decision, September 30, 1987)

Final FLRA decision. The Authority dismisses Local 911's negotiability petition as untimely without deciding whether the disputed matter was negotiable. 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).

Plain-English summary

California Teamsters Local 911 sought Authority review of the Navy's allegation that a proposed matter was outside the duty to bargain. The Authority calculated that the union had to mail or deliver its petition by July 28, 1987. The petition was postmarked August 11. Because the filing came after the deadline, the Authority dismissed it without deciding the bargaining issue.

Decision snapshot

• Authority: Negotiability petition deadline under 5 U.S.C. § 7117(c)(2).
• Outcome: Union petition dismissed as untimely.
• Key point: The petition's August 11 postmark missed the July 28 filing deadline.

Full text (FLRA public release)

[ v29 p274 ]
29:0274(29)NG

The decision of the Authority follows:

29 FLRA NO. 29

CALIFORNIA TEAMSTERS PUBLIC,
PROFESSIONAL AND MEDICAL
EMPLOYEES UNION, LOCAL 911

Union

and

DEPARTMENT OF THE NAVY

Agency

Case No. 0-NG-1441

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 July 8, 1987. Therefore, under section 2424.3 of the Authority's Rules and Regulations as well as sections 2429.21(b) as amended, 1 and 2429.22 which also are applicable to computation of the time limit here involved, the petition for review in order to be timely filed had to be either mailed to the national office of the Authority in Washington, D.C., and postmarked by the U.S. Postal Service no later than July 28, 1987, or if filed in person, received at the Authority's national office no later than the close of business on the same date. However, the petition for review was not mailed to the Authority's national office until August 11, 1987--date of postmark--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., September 30, 1987.

Harold D. Kessler
Director of Case Management

FOOTNOTES

Footnote 1 Subsection 2429.21(b) of the
Authority's Rules and Regulations, provides in pertinent part: 2429.21 Computation of time for filing papers. (b) Except when filing an unfair labor practice charge . . . , a representation petition . . . , and a request for an extension of time . . . , when this subchapter requires the filing of any paper with the Authority . . . , the date of filing shall be determined by the date of mailing indicated by the postmark date. If no postmark date is evident on the mailing, it shall be presumed to have been mailed 5 days prior to receipt. If the filing is by personal delivery, it shall be considered filed on the date it is received by the Authority. . . .