American Federation of Government Employees, Local 1923, AFL-CIO (Union) and Department of Health and Human Services (Activity) (Authority decision, May 15, 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 union appealed an agency allegation that a proposal was outside the duty to bargain. The allegation had been served by March 13, 1981, but the union filed on April 6. The Authority applied the fifteen day filing period and dismissed the petition as untimely without reaching negotiability.

Decision snapshot

• Authority: 5 U.S.C. § 7105(a)(2)(E).
• Outcome: Petition dismissed as untimely.
• Key point: A negotiability petition had to be filed within the regulatory deadline.

Full text (FLRA public release)

[ v05 p603 ]

05:0603(82)NG

The decision of the Authority follows:

5 FLRA No. 82

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES, AFL-CIO,
LOCAL 1923
(Union)

and

DEPARTMENT OF HEALTH AND
HUMAN SERVICES
(Activity)

Case No. 0-NG-461

ORDER DISMISSING APPEAL

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
APRIL 6, 1981. IT IS APPARENT FROM THE DOCUMENTS SUBMITTED WITH THE
UNION'S APPEAL THAT SERVICE OF THE AGENCY'S ALLEGATION OF
NON-NEGOTIABILITY WAS MADE ON THE UNION ON OR BEFORE MARCH 13, 1981.
THEREFORE, THE UNION'S PETITION FOR REVIEW, FILED WITH THE AUTHORITY ON
APRIL 6, 1981, 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., MAY 15, 1981

JAMES J. SHEPARD, EXECUTIVE DIRECTOR