National Association of Government Employees, Local R7-72 and U.S. Department of the Army, Rock Island Arsenal, Rock Island, Illinois (Authority decision, July 12, 1990)

Final FLRA decision. This order ends the union's negotiability petition as untimely and does not decide the proposal's merits. An aggrieved person may seek judicial review of a reviewable final Authority order within 60 days after issuance under 5 U.S.C. § 7123(a). Filing does not stay the order unless the court orders a stay under 5 U.S.C. § 7123(c).

Plain-English summary

NAGE Local R7-72 asked the Authority to review Rock Island Arsenal's allegation that a proposal was nonnegotiable. The union received the allegation by hand on April 30, 1990, making May 15 the filing deadline. It sent its petition by Federal Express on May 15, but the Authority received it on May 16. Because a delivery service filing counted on receipt rather than mailing, the petition was one day late. The Authority dismissed it without deciding whether the proposal was negotiable.

Decision snapshot

• Authority: Negotiability petition filing rules under 5 C.F.R. §§ 2424.3 and 2429.21(b).
• Outcome: Petition dismissed as untimely.
• Key point: A delivery service filing was effective when the Authority received it, not when the union sent it.

Full text (FLRA public release)

[ v36 p271 ]
36:0271(34)NG

The decision of the Authority follows:

36 FLRA No. 34

NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES

LOCAL R7-72

(Union)

and

U.S. DEPARTMENT OF THE ARMY

ROCK ISLAND ARSENAL

ROCK ISLAND, ILLINOIS

(Agency)

0-NG-1824

ORDER DISMISSING PETITION FOR REVIEW

July 12, 1990

The Union has filed a petition for review of negotiability
issues in the above-captioned case. on June 11, 1990, the Authority issued an Order directing the Union to Show Cause why its petition for review should not be dismissed as untimely filed. The Union filed a timely 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. 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). The time limit may not be extended or waived by the Authority. 5 C.F.R. 2429.23(d).

In its response to the order to Show Cause the Union states that the allegation of nonnegotiability was hand-delivered to the Union on April 30, 1990. Accordingly, a petition for review of

the Agency's allegation of nonnegotiability had to be either postmarked by the U.S. Postal Service or received in person at the Authority no later than May 15, 1990, in order to be considered timely. 5 C.F.R. 2424.3.

The two methods of filing documents with the Authority are by mail (U.S. Postal Service) or in person (party, agent or delivery service). 5 C.F.R. 2429.24(e). If "the filing is by personal delivery, it shall be considered filed on the date it is received by the Authority(.)" 5 C.F.R. 2429.21(b).

The Union sent its petition for review to the Authority by Federal Express on May 15, 1990. Federal Express is a delivery service not associated with the U.S. Postal Service. The petition was received by the Authority on May 16, 1990. Accordingly, the Union's petition for review was filed on the date it was received

by the Authority. As the petition for review was neither postmarked by the U.S. Postal Service nor received in person at the Authority's Docket Room prior to the close of business on May 15, 1990, the petition for review is untimely filed. See American Federation of Government Employees, Local 2047 and U.S. Department of Defense, Defense Logistics Agency, Defense General Supply Center, Richmond, Virginia, 35 FLRA 1089 (1990).

As noted previously, the time limit for filing a petition for review of negotiability issues may not be extended or waived. Accordingly, as the petition for review was not timely filed, the petition for review is dismissed.

For the Authority.

Alicia N. Columna

Director, Case Control Office

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