American Federation of Government Employees, Local 1923 and U.S. Department of Health and Human Services, Social Security Administration, Newport News, Virginia (Authority decision, September 6, 1989)

Final FLRA decision. The Authority dismisses the union's negotiability petition as untimely without deciding whether the disputed provisions 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 1923 petitioned for review of an agency head's disapproval of an agreement with Social Security Administration Region III. Assuming the July 13 disapproval was mailed, the 15-day petition period plus five days for mail expired August 2. The union's petition was postmarked August 9. The Authority dismissed it as untimely; the union's claimed August 2 receipt did not change the service-based calculation.

Decision snapshot

• Authority: Negotiability petition deadline under former 5 C.F.R. § 2424.3 and mail allowance under § 2429.22.
• Outcome: Union's petition for review dismissed as untimely.
• Key point: The deadline ran from service of the agency's allegation, not the union's claimed receipt date.

Full text (FLRA public release)

[ v34 p3 ]
34:0003(1)NG

The decision of the Authority follows:

34 FLRA No. 1

FEDERAL LABOR RELATIONS
AUTHORITY

WASHINGTON, D.C.

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES

LOCAL 1923

and

U.S. DEPARTMENT OF HEALTH AND HUMAN
SERVICES

SOCIAL SECURITY
ADMINISTRATION

NEWPORT NEWS,
VIRGINIA

0-NG-1734

ORDER DISMISSING PETITION FOR
REVIEW

September 6, 1989

The American Federation of Government Employees, Local 1923 (Union) has filed a petition for review of negotiability issues in the above-referenced case. For reasons set out below, 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. An Agency head's disapproval constitutes an allegation of nonnegotiability. 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). 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).

The Union and the Department of Health and Human Services, Social Security Administration (SSA), Region III signed a Memorandum of Understanding on June 15, 1989. On July 13, 1989, SSA Region III forwarded the Department of Health and Human Services, Social Security Administration's (Agency) July 12 disapproval to the Union. 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 July 13, 1989, 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 August 2, 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 August 9, 1989.(*)

The Union's petition for review was not 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.)

*/ The Union states that it did
not receive the July 13 allegation until August 2, 1989. Section 7114(c)(3) of the Federal Service Labor-Management Relations Statute (the Statute) requires the Agency's disapproval to be served on the Union within 30 days after the date the agreement was executed. Absent a timely disapproval, the agreement becomes effective on the 31st day, subject to the Statute and applicable law, rule or regulation.