National Treasury Employees Union and NTEU Chapters 153, 161 and 183 and U.S. Customs Service, Region II (Authority decision, December 31, 1979)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority. 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

NTEU and three chapters sought review of the Customs Service's claim that several bargaining proposals were nonnegotiable. The agency's allegation was dated February 28, 1979, while the union filed its petition on March 30. The Authority treated the allegation as served on its date because the record showed no contrary service date. It dismissed the appeal as beyond the fifteen day filing limit without deciding the proposals' negotiability.

Decision snapshot

• Authority: 5 U.S.C. § 7117; 5 C.F.R. § 2424.3.
• Outcome: Negotiability appeal dismissed as untimely.
• Key point: The petition arrived thirty days after the presumed service date, beyond the fifteen day limit.

Full text (FLRA public release)

[ v02 p351 ]

02:0351(46)NG

The decision of the Authority follows:

2 FLRA No. 46

MR. RICHARD BLAZAR
ASSISTANT COUNSEL
NATIONAL TREASURY EMPLOYEES UNION
1730 K STREET, NW., SUITE 1101
WASHINGTON, D.C. 20006

RE: NATIONAL TREASURY EMPLOYEES UNION
AND NTEU CHAPTERS 153, 161 AND 183
AND U.S. CUSTOMS SERVICE, REGION II,
Case No. 0-NG-29

DEAR MR. BLAZAR:

THIS REFERS TO THE PETITION FOR REVIEW OF VARIOUS NEGOTIABILITY
ISSUES IN THE ABOVE-ENTITLED CASE, FILED WITH THE AUTHORITY ON MARCH 30,
1979, BY THE NATIONAL TREASURY EMPLOYEES UNION (THE UNION).

FOR THE REASONS INDICATED BELOW, IT HAS BEEN DETERMINED THAT THE
PETITION WAS UNTIMELY FILED AND CANNOT BE ACCEPTED FOR REVIEW.

SECTION 2424.3 OF THE AUTHORITY'S INTERIM RULES OF PROCEDURE (44 F.R.
44765), PERTAINING TO PETITIONS FOR REVIEW OF NEGOTIABILITY ISSUES,
PROVIDES IN PART:

THE TIME LIMIT FOR FILING A PETITION FOR REVIEW IS FIFTEEN(15) DAYS
AFTER THE DATE THE

AGENCY'S ALLEGATION THAT THE DUTY TO BARGAIN IN GOOD FAITH DOES NOT
EXTEND TO THE MATTER

PROPOSED TO BE BARGAINED IS SERVED ON THE EXCLUSIVE REPRESENTATIVE.

THE AGENCY'S ALLEGATION THAT THE PROPOSALS AT ISSUE IN THIS CASE ARE
NONNEGOTIABLE IS DATED FEBRUARY 28, 1979, AND APPEARS, ABSENT ANY
INDICATION IN THE RECORD TO THE CONTRARY, TO HAVE BEEN SERVED ON THE
UNION ON THE SAME DATE. THEREFORE, THE UNION'S PETITION FOR REVIEW,
FILED WITH THE AUTHORITY MARCH 30, 1979, 30 DAYS AFTER THE DATE OF THE
ALLEGATION, IS CLEARLY UNTIMELY.

ACCORDINGLY, SINCE THE UNION'S APPEAL WAS UNTIMELY FILED WITH THE
AUTHORITY, AND APART FROM OTHER CONSIDERATIONS, THE APPEAL IS HEREBY
DISMISSED.

FOR THE AUTHORITY.

SINCERELY,

SAMUEL A. CHAITOVITZ

EXECUTIVE DIRECTOR

CC: D.S. ORR

CUSTOMS

H. DESEGUIRANT

TREASURY

A. F. INGRASSIA

OPM