International Federation of Professional and Technical Engineers, Local No. 12 and U.S. Department of the Navy, Puget Sound Naval Shipyard (Authority decision, April 5, 1989)

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

IFPTE Local 12 sought review of a nonnegotiability allegation from the Navy's Puget Sound Naval Shipyard. The allegation was dated February 2, 1989. Depending on how it was delivered, the filing deadline was February 21 or February 22. The union first mailed its petition to the Authority's San Francisco regional office on February 15, then postmarked it to the Washington docket room on February 23. The Authority dismissed the petition as late because a regional office was not an authorized filing location and the Washington filing missed either possible deadline.

Decision snapshot

• Authority: Negotiability petition deadline under former 5 C.F.R. § 2424.3 and docket room filing rule under § 2429.24(a).
• Outcome: Union's petition dismissed as untimely.
• Key point: Filing at a regional office did not preserve a deadline for a later Washington docket room filing.

Full text (FLRA public release)

[ v33 p857 ]
33:0857(113)NG

The decision of the Authority follows:

33 FLRA No. 113

FEDERAL LABOR RELATIONS
AUTHORITY

WASHINGTON, D.C.

INTERNATIONAL FEDERATION OF
PROFESSIONAL

AND TECHNICAL ENGINEERS, LOCAL NO.
12

and

U.S. DEPARTMENT OF THE
NAVY

PUGET SOUND NAVAL
SHIPYARD

BREMERTON,
WASHINGTON

0-NG-1665

ORDER DISMISSING PETITION FOR
REVIEW

April 5, 1989

The International Federation of Professional and Technical Engineers, Local No. 12 (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.

A petition for review of negotiability issues must be filed with the Authority within 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). Any document filed with the Authority, including a petition for review of negotiability issues, must be filed in the Authority's Docket Room in Washington, D.C. 5 C.F.R. § 2429.24(a).

The Department of the Navy, Puget Sound Naval Shipyard, Bremerton, Washington (Agency) provided a written allegation of nonnegotiability to the Union dated February 2, 1989. The Union states that it received the allegation on February 3, 1989. The Union does not state whether the allegation was served by mail or delivered in person. Presuming that the allegation was served by mail on February 2, l989, any petition for review of the Agency's allegation had to be either postmarked by the U.S. Postal Service or received in person by the Authority by February 22, 1989, to be timely filed. 5 C.F.R. §§ 2424.3, 2429.21(b), and 2429.22. If the allegation was delivered in person on February 3, 1989, a petition for review had to be postmarked by February 21, 1989.

The Union's petition for review was filed (postmarked) with the Authority's Docket Room in Washington, D.C. on February 23, 1989. Accordingly, the Union's petition for review is untimely and must be dismissed.

The fact that the Union initially mailed its petition to the Authority's San Francisco Regional Office on February 15, 1989, is irrelevant. A petition for review of negotiability issues may not be filed in a Regional Office. 5 C.F.R. § 2429.24(a). See also The Association of Civilian Technicians and the Division of Military and Naval Affairs, the State of New York, 32 FLRA 96 (1988).

The Union's petition is dismissed.

For the Authority.

_______
Clyde B. Blandford, Jr.

Acting Executive Director

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