National Federation of Federal Employees, Local 1669 (Union) and Arkansas Air National Guard (Activity) (Authority decision, August 31, 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

The Arkansas Air National Guard disapproved a contract provision as nonnegotiable and served notice on the union around June 26, 1981. The union did not file its review petition until July 28, beyond the fifteen day deadline. The Authority dismissed the appeal without reaching the provision’s merits.

Decision snapshot

• Authority: 5 U.S.C. § 7105(a)(2)(E).
• Outcome: Negotiability petition dismissed as untimely.
• Key point: The appeal was filed after the regulatory fifteen day period.

Full text (FLRA public release)

[ v06 p476 ]
06:0476(90)NG

The decision of the Authority follows:

6 FLRA NO. 90

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 1669

(Union)

and

ARKANSAS AIR NATIONAL GUARD

Activity

Case No. 0-NG-523

ORDER DISMISSING NEGOTIABILITY APPEAL

This matter is before the Federal Labor Relations Authority (the Authority) pursuant to section 7105(a)(2)(E) of the Federal Service Labor - Management Relations Statute (5 U.S.C. 7101 et seq). For the reason 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 Rules and Regulations (5 C.F.R. 2424.3 (1981)) provides:

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.

From the record before the Authority, it appears that the agency disapproved a particular provision in the local parties' agreement, alleging that the provision was nonnegotiable, by letter served on the union on or about June 26, 1981. The union's petition for review in this case was not filed with the Authority until July 28, 1981. 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., August 31, 1981.

James J. Shepard, Executive Director [ v6 p476 ]