National Association of Government Employees, Local R12-150 and U.S. Department of Defense, National Guard Bureau, State of California, Office of the Adjutant General (Authority decision, October 7, 1992)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority dismissing 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 union sought review of the California National Guard's allegation that a bargaining proposal was nonnegotiable. Under the Authority's filing rules, the petition had to be filed with its Washington Docket Room within the prescribed period. The union instead mailed its petition to the San Francisco Regional Office, and the Docket Room received it on September 15, 1992, after the August 19 deadline. Because the Authority could not extend or waive that time limit, it dismissed the petition without deciding negotiability.

Decision snapshot

• Authority: Negotiability filing deadline under 5 C.F.R. § 2424.3; Docket Room filing requirement under 5 C.F.R. § 2429.24(a).
• Outcome: Petition for negotiability review dismissed as untimely.
• Key point: Sending the petition to a regional office did not satisfy the deadline for filing in the Docket Room.

Full text (FLRA public release)

[ v46 p88 ]
46:0088(8)NG

The decision of the Authority follows:

46 FLRA No. 8

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES

LOCAL R12-150

(Union)

and

U.S. DEPARTMENT OF DEFENSE

NATIONAL GUARD BUREAU

STATE OF CALIFORNIA

OFFICE OF THE ADJUTANT GENERAL

(Agency)

0-NG-2088

ORDER DISMISSING PETITION FOR REVIEW

October 7, 1992

The Union has filed a petition for review of negotiability issues in the above-captioned case. For the reasons set out below, the Union's petition 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 Agency's 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). Any document filed with the Authority must be filed in the Authority's Docket Room in Washington, D.C. 5 C.F.R.
§ 2429.24(a).

The Agency's written allegation of nonnegotiability is dated July 30, l992. 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 19, 1992, in order to be considered timely. 5 C.F.R.
§§ 2424.3, 2429.21(b), and 2429.22.

A petition for review of an agency's allegation of nonnegotiability cannot be filed with a Regional Office of the Authority, but must be filed with the Authority's Docket Room. 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 Union's petition for review, dated September 2, 1992, was mailed to the Authority's San Francisco Regional Office. The Regional Office received the petition and forwarded it to the Authority's Docket Room. The Union's petition was received in the Authority's Docket Room on September 15, 1992. Accordingly, the Union's petition for review is considered filed on September 15, l992, the date it was received in the Authority's Docket Room.

The Union's petition for review was not filed in the Authority's Docket Room within the prescribed time limit. Accordingly, as the time limit for filing a petition for review may not be extended or waived by the Authority, the Union's petition for review is dismissed.

For the Authority.

________
Alicia N. Columna
Director,
Case Control Office

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