Philadelphia Metal Trades Council and Philadelphia Naval Shipyard (Authority decision, March 3, 1989)

Final FLRA decision. The Authority dismisses the union's negotiability petition as untimely without deciding the disputed agreement provisions. 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

The Navy disapproved some provisions of a negotiated agreement with the Philadelphia Metal Trades Council. It sent the disapproval by certified mail on December 21, 1988. The Authority treated that disapproval as a nonnegotiability allegation, giving the union through January 10, 1989, to petition for review with the mail allowance. The union's petition was postmarked January 13. The Authority dismissed it as late without deciding whether the provisions were negotiable.

Decision snapshot

• Authority: Negotiability petition deadline under former 5 C.F.R. § 2424.3.
• Outcome: Union's petition dismissed as untimely.
• Key point: Agency head disapproval of agreement provisions started the negotiability petition period when served.

Full text (FLRA public release)

[ v33 p849 ]
33:0849(109)NG

The decision of the Authority follows:

33 FLRA No. 109

FEDERAL LABOR RELATIONS
AUTHORITY

WASHINGTON, D.C.

PHILADELPHIA METAL TRADES
COUNCIL

and

PHILADELPHIA NAVAL
SHIPYARD

PHILADELPHIA,
PENNSYLVANIA

0-NG-1647

ORDER DISMISSING PETITION FOR
REVIEW

March 3, 1989

The Philadelphia Metal Trades Council (Union) has filed a petition for review of negotiability issues in the above-referenced case. The Union's petition for review is untimely and must be dismissed.

The time limit for filing a petition for review of a negotiability issue is 15 days after service on the Union of the Agency's allegation of nonnegotiability. 5 C.F.R. § 2424.3. The date of service is the date the allegation is deposited in the U.S. mail or is delivered in person. 5 C.F.R. § 2429.27(d). If the allegation is served by mail, 5 days are added to the 15-day period for filing the petition for review. 5 C.F.R. § 2429.22. The time limit may not be extended or waived by the Authority. 5 C.F.R. § 2429.23(d).

By letter dated December 21, 1988, the Department of the Navy (Agency) disapproved certain provisions of the parties' negotiated agreement. The disapproval was served on the Union by certified mail on that date.

The Agency's disapproval constituted an allegation of nonnegotiability for the purpose of filing a petition for review. National Federation of Federal Employees, Local 1505 and Department of the Interior, National Park Service, Roosevelt-Vanderbilt National Historical Site, Hyde Park, New York, 7 FLRA 608 (1982); Department of the Interior, National Park Service, Colonial National Historical Park, Yorktown, Virginia and National Association of Government Employees, Local R4-68, 20 FLRA 537, 540 (1985). Any petition for review of the Agency's allegation of nonnegotiability had to be either postmarked by the U.S. Postal Service or received in person at the Authority no later than January 10, 1989, in order to be considered timely. 5 C.F.R. §§ 2424.3, 2429.21(b) and 2429.22. The Union's appeal was filed--postmarked-- January 13,1989. Accordingly, the Union's petition for review is dismissed as untimely filed.

For the Authority.

_________
Clyde B. Blandford,
Jr.
Acting Executive Director

FOOTNOTES:
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have footnotes.)