National Association of Government Employees and U.S. Department of Defense, Defense Logistics Agency, Defense Contract Administration Services Region, Boston, Massachusetts (Authority decision, July 17, 1989)

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

The National Association of Government Employees sought review of a Defense Logistics Agency nonnegotiability allegation dated March 9, 1989. With the mailing allowance, the petition deadline was March 29. The union mailed its petition to the Authority's Boston regional office on March 30, and the Washington docket room received it April 4. The union did not answer an order to explain the delay. The Authority dismissed the petition because it was late and had to be filed in the Washington docket room, not a regional office.

Decision snapshot

• Authority: Negotiability petition deadline under former 5 C.F.R. § 2424.3 and filing location under § 2429.24(a).
• Outcome: Union's petition dismissed as untimely.
• Key point: Mailing the petition to a regional office one day after the deadline did not satisfy the Authority's filing rules.

Full text (FLRA public release)

[ v33 p871 ]
33:0871(120)NG

The decision of the Authority follows:

33 FLRA No. 120

FEDERAL LABOR RELATIONS
AUTHORITY

WASHINGTON, D.C.

NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES

and

U.S. DEPARTMENT OF
DEFENSE

DEFENSE LOGISTICS
AGENCY

DEFENSE CONTRACT ADMINISTRATION SERVICES
REGION

BOSTON,
MASSACHUSETTS

0-NG-1679

ORDER DISMISSING PETITION FOR
REVIEW

July 17, 1989

The National Association of Government Employees (Union) has filed a petition for review of a negotiability issue in the above-referenced case. On May 5, 1989, the Authority directed the Union to show cause why its petition for review should not be dismissed as untimely. The Union did not file a response to the Authority's Order. For the reasons set out below, the Union's petition for review 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 of nonnegotiability. 5 C.F.R. § 2424.3. Absent evidence to the contrary, the date of service of the allegation is presumed to be the date the allegation is deposited in the U.S. mail or is delivered in person. 5 C.F.R. § 2429.27(d). The time limit may not be extended or waived by the Authority. 5 C.F.R. § 2429.23(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. All documents filed with the Authority must be filed in the Authority's Docket Room, 500 C Street, SW., Washington, D.C. 20424. 5 C.F.R. § 2429.24(a).

The allegation of nonnegotiability from the Defense Logistics Agency, Defense Contract Administration Services Region, Boston, Massachusetts (Agency) was dated March 9, 1989. The Union offers no evidence that the allegation was not served on the Union (deposited in the U.S. mail) on that date. Consequently, the petition for review had to be either postmarked by the U.S. Postal Service or received in person at the Authority's Docket Room no later than March 29, 1989, to be timely filed. 5 C.F.R. §§ 2424.3, 2429.21(b) and 2429.22.

The Union mailed its petition for review to the
Authority's Boston Regional Office on March 30, 1989. The Regional Office forwarded the Union's petition to the Authority's Docket Room. The Union's petition for review was received in the Authority's Docket Room on April 4, 1989.

A petition for review of negotiability issues may not be filed in a Regional Office but must be filed in the Authority's Docket Room. 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). Even if the Union's petition could be filed in the Boston Regional Office, the Union's petition was filed (deposited in the U.S. mail) 1 day after expiration of the time limit.

The Union's petition for review was not filed in the Authority's Docket Room within the prescribed time limit. Accordingly, the Union's petition for review is dismissed.

For the Authority.

_________
Clyde B. Blandford, Jr.

Acting Executive Director

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