American Federation of Government Employees, Local 2004 and U.S. Department of the Army, New Cumberland Army Depot (Authority decision, June 9, 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

AFGE Local 2004 sought review of an Army depot nonnegotiability allegation served by mail on March 9, 1989. The petition deadline was March 29. The union sent its petition to the Authority's Philadelphia regional office on March 24, but that office told the union on March 30 that it was the wrong filing location and returned the papers. The union then postmarked its petition to the Washington docket room on March 31. The Authority dismissed it as late because filing at a regional office did not satisfy its rules, and the union's mistake did not extend the deadline.

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: A timely mailing to a regional office did not count as filing at the Authority's docket room.

Full text (FLRA public release)

[ v33 p862 ]
33:0862(116)NG

The decision of the Authority follows:

33 FLRA No. 116

FEDERAL LABOR RELATIONS
AUTHORITY

WASHINGTON, D.C.

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES

LOCAL 2004

and

U.S. DEPARTMENT OF THE
ARMY

NEW CUMBERLAND ARMY
DEPOT

NEW CUMBERLAND,
PENNSYLVANIA

0-NG-1681

ORDER DISMISSING PETITION FOR
REVIEW

June 9, 1989

The American Federation of Government Employees, Local 2004 (Union) has filed a petition for review of negotiability issues in the above-referenced case. On April 21, l989, the Authority directed the Union to show cause why its petition for review should not be dismissed as untimely. The Union timely filed a response to the Order to Show Cause.

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. 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). 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 U.S. Department of the Army, New Cumberland Army Depot's (Agency) allegation of nonnegotiability was dated March 9, 1989. In its response to the Order to Show Cause the Union does not dispute that the allegation of nonnegotiability was served on the Union by mail on March 9, 1989. Accordingly, the Union's 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's petition for review was filed (postmarked) on March 31, 1989.

In response to the Authority's Order to Show Cause, the Union states that the petition for review was sent in error to the Philadelphia Regional Office on March 24, 1989. On March 30, 1989, Ms. Barbara Liggett, Supervisory Attorney, Philadelphia Regional Office, informed the Union that the Union's appeal was improperly filed with the Region and returned the documents to the Union. On March 31, 1989, the Union filed its petition for review with the Authority's Docket Room. The Union requests that its petition be accepted as timely filed since it was timely filed with the Regional office.

A petition for review of negotiability issues may not be filed in a Regional Office. 5 C.F.R. § 2429.24(a). See American Federation of Government Employees, Local 1735 and Department of the Navy, Public Works Department, Naval Air Station, Kingsville, Texas, 28 FLRA 771 (1987). The Union offers no reason other than its "mistake" for its failure to timely file its petition for review in the Authority's Docket Room. In these circumstances, there is no basis on which the Authority may find the petition for review to be timely filed.

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.)