International Association of Fire Fighters, Local F-33 and U.S. Department of the Navy, Naval Air Station San Diego, California (Authority decision, September 21, 1990)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority resolving a negotiability appeal. 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). Filing a petition does not stay the Authority's order unless the court orders a stay under 5 U.S.C. § 7123(c).

Plain-English summary

The firefighters' union challenged a Navy allegation that its proposal was nonnegotiable. The allegation was dated July 30, 1990, and the union's petition was postmarked August 24, after the August 20 deadline. The union acknowledged the late filing and said it had received improper information from personnel staff. The Authority held that it could not extend or waive the filing period, even if the Navy did not object. It dismissed the petition without deciding the proposal's negotiability.

Decision snapshot

• Authority: Negotiability petition deadline under 5 C.F.R. § 2424.3.
• Outcome: Petition dismissed as untimely.
• Key point: The Authority could not waive the filing deadline for a negotiability appeal.

Full text (FLRA public release)

[ v37 p460 ]
37:0460(30)NG

The decision of the Authority follows:

37 FLRA NO. 30
37 FLRA 460 (1990)

21 SEP 1990

INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL F-33 (Union)

and

U.S. DEPARTMENT OF THE NAVY
NAVAL AIR STATION
SAN DIEGO, CALIFORNIA
(Agency)

0-NG-1867

ORDER DISMISSING PETITION FOR REVIEW

September 21, 1990

The Union has filed a petition for review of negotiability issues in the above-captioned 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 The Association of Civilian Technicians and the Division of Military and Naval Affairs, the State of New York, 32 FLRA 96 (1988).

The Agency provided a written allegation of nonnegotiability dated July 30, 1990, to the Union. Presuming that the allegation was deposited in the U.S. mail on that date, a petition for review of negotiability issues had to be either postmarked by the U.S. Postal Service or received in person at the Authority's Docket Room no later than August 20, 1990, in order to be considered timely filed. 5 C.F.R. 2424.3, 2429.21(b) and 2429.22. The Union's petition for review was postmarked August 24, 1990.

The Union, in its petition for review, acknowledges that its petition was untimely filed and explains that "We were delayed due to improper information received from Civilian Personnel,". The Union requests that its petition for review be accepted as timely filed since "Labor Relations does not object to the late filing".

Notwithstanding the Union's assertion that "Labor Relations does not object", the time limit for filing a petition for review may not be extended or waived by the Authority. 5 C.F.R. 2429.23(d). The Union offers no other reason 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.

Alicia N. Columna
Director, Case Control