American Federation of Government Employees, Local 3615 and U.S. Department of Health and Human Services, Social Security Administration, Office of Hearings and Appeals (Authority decision, August 3, 1989)

Final FLRA decision. The Authority dismisses the union's negotiability petition as untimely without deciding whether the disputed matters were negotiable. 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 3615 asked the Authority to review a nonnegotiability allegation by the Social Security Administration's Office of Hearings and Appeals. The union received the allegation on May 10, 1989. Under the Authority's filing rules, its petition had to reach the Authority's Washington docket room or be postmarked by May 30. The union mailed it to a regional office on June 21, and the docket room received it on July 5. The Authority dismissed the petition as late without considering the negotiability issues.

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 for review dismissed as untimely.
• Key point: A late petition sent to a regional office did not meet the filing deadline at the Authority's docket room.

Full text (FLRA public release)

[ v33 p881 ]
33:0881(125)NG

The decision of the Authority follows:

33 FLRA No. 125

FEDERAL LABOR RELATIONS
AUTHORITY

WASHINGTON, D.C.

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES

LOCAL 3615

and

U.S. DEPARTMENT OF HEALTH AND HUMAN
SERVICES

SOCIAL SECURITY
ADMINISTRATION

OFFICE OF HEARINGS AND
APPEALS

ARLINGTON, VIRGINIA

0-NG-1720

ORDER TO DISMISS

August 3, 1989

The American Federation of Government Employees, Local 3615 (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). 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 Department of the Health and Human Services, Social Security Administration, Office of Hearings and Appeals (Agency) provided a written allegation of nonnegotiability to the Union dated and received by the Union on May 10, 1989. Any petition for review had to be postmarked or received in person in the Authority's Docket Room no later than May 30, 1989, in order to be considered timely. 5 C.F.R. §§ 2424.3, 2429.21(b).

The Union mailed its petition to the Washington, D.C. Regional Office on June 21, 1989. On July 5, 1989, the Regional Office received the Union's petition and hand delivered it to the Authority's Docket Room.

The Union's petition for review was not timely filed in the Authority's Docket Room. Accordingly, the Union's petition for review must be dismissed.

For the Authority.

______
Clyde B. Blandford, Jr.

Acting Executive Director

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