International Association of Firefighters, AFL-CIO, Local F-116 (Union) and Headquarters, 4392d Aerospace Support Group (SAC), Vandenberg Air Force Base, California (Activity) (Authority decision, June 2, 1981)

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

A firefighters union filed a negotiability petition on October 30, 1980, after receiving the agency’s nonnegotiability allegation on September 30. The Authority held that it missed the fifteen day filing period and dismissed the appeal without deciding negotiability.

Decision snapshot

• Authority: 5 U.S.C. § 7117.
• Outcome: Negotiability petition dismissed as untimely.
• Key point: The petition arrived after the fifteen day review period.

Full text (FLRA public release)

[ v06 p3 ]
06:0003(1)NG

The decision of the Authority follows:

6 FLRA NO. 1

INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, AFL-CIO, LOCAL F-116

(Union)

and

HEADQUARTERS, 4392d AEROSPACE SUPPORT GROUP
(SAC), VANDENBERG AIR FORCE BASE, CALIFORNIA

(Activity)

Case No. 0-NG-396

ORDER DISMISSING NEGOTIABILITY PETITION

This matter is before the Federal Labor Relations Authority (the Authority) pursuant to section 7105(e)(2)(E) of the Federal Service Labor - Management Relations Statute (5 U.S.C. 7101 et seq.). For the reasons indicated below, it has been determined that the petition was untimely filed and cannot be accepted for review.

Under section 2424.3 of the Authority's Rules and Regulations (5 C.F.R. 2424.3 (1980)), it states:

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 petition for review in this case was filed with the Authority on October 30, 1980. It is apparent from the documents submitted by the agency that service of the agency's allegation of non-negotiability was made on the union on September 30, 1980. Therefore, the union's petition for review, filed with the Authority on October 30, 1980, was untimely.

Accordingly, as the union's petition for review was untimely filed with the Authority and apart from other considerations, the appeal is hereby dismissed.

For the Authority.

Issued, Washington, D.C., June 2, 1981

James J. Shepard, Executive Director [ v6 p3 ]