American Federation of Government Employees, National Council of Field Labor Locals and Department of Labor, Mine Safety and Health Administration Academy (Authority decision, December 20, 1988)

Final FLRA decision. The Authority dismisses the union's negotiability petition as untimely without deciding the bargaining issue. 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

AFGE's National Council of Field Labor Locals sought review of a nonnegotiability allegation by the Mine Safety and Health Administration Academy. The union received the written allegation on October 11, 1988. Even treating that date as the service date, the union needed to file by October 26. Its petition was dated November 9, mailed to the Authority's Washington regional office on November 10, and did not reach the national office until November 15. The Authority dismissed it as late without deciding whether the proposed matter was negotiable.

Decision snapshot

• Authority: Negotiability petition deadline under former 5 C.F.R. § 2424.3.
• Outcome: Union's petition dismissed as untimely.
• Key point: The petition missed the deadline even under the union's receipt date and was sent to the wrong Authority office.

Full text (FLRA public release)

[ v33 p845 ]
33:0845(106)NG

The decision of the Authority follows:

33 FLRA No. 106

FEDERAL LABOR RELATIONS
AUTHORITY

WASHINGTON, D.C.

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES

NATIONAL COUNCIL OF FIELD LABOR
LOCALS

and

DEPARTMENT OF LABOR

MINE SAFETY AND HEALTH ADMINISTRATION
ACADEMY

BECKLEY, WEST
VIRGINIA

0-NG-1618

ORDER

December 20, 1988

The Authority has before it a petition for review of negotiability issues pursuant to 5 C.F.R. § 2424.1. The Union's petition is untimely and must be dismissed.

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. 5 C.F.R. § 2424.3. Further, the time limit may not be extended or waived by the Authority. 5 C.F.R. § 2429.23(d).

A review of the record indicates that the Agency's undated, written allegation of nonnegotiability was received by the Union on October 11, 1988. Even assuming that service was made on the same day, in order to be timely filed, any petition for review of the Agency's allegation of nonnegotiability 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 October 26, 1988, or if filed in person, received at the Authority's National Office no later than the close of business that same date. 5 C.F.R. § 2429.21(b) (1986). The Union's petition, dated November 9, 1988, was misdirected to the Authority's Washington Regional Office in an envelope postmarked November 10, 1988.(*) The petition was not received at the National Office of the Authority until November 15, 1988.

Accordingly, since the Union's petition for review was untimely filed, it is dismissed.

For the Authority.

_______
Clyde B. Blandford, Jr.

Acting Executive Director

FOOTNOTES:
(If blank, the decision does not
have footnotes.)

*/ Since the Authority's
inception in 1979, its Rules and Regulations have required that petitions for review of agency allegations of nonnegotiability must be filed with the Authority at its National Office in Washington, D.C.