American Federation of Government Employees, AFL-CIO, Local 2703 and Department of Commerce, National Oceanic and Atmospheric Administration (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

AFGE Local 2703 sought review of NOAA's allegation that a union proposal was nonnegotiable. The allegation was dated February 22, 1979, while the union's petition reached the Authority on May 3. With no evidence of a different service date, the Authority treated the allegation as served when dated. It dismissed the petition as beyond the fifteen day filing limit without addressing the proposal's merits.

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 more than two months after the presumed service date, beyond the fifteen day limit.

Full text (FLRA public release)

[ v02 p348 ]

02:0348(45)NG

The decision of the Authority follows:

2 FLRA No. 45

MR. RONALD D. KING, DIRECTOR
CONTRACT AND APPEALS DIVISION
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO
1325 MASSACHUSETTS AVENUE, NW.
WASHINGTON, D.C. 20005

RE: AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 2703
AND DEPARTMENT OF COMMERCE, NATIONAL
OCEANIC AND ATMOSPHERIC ADMINISTRATION,
Case No. 0-NG-58

DEAR MR. KING:

THIS REFERS TO THE PETITION FOR REVIEW OF A NEGOTIABILITY ISSUE IN
THE ABOVE-ENTITLED CASE, FILED WITH THE AUTHORITY ON MAY 3, 1979, BY THE
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO(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 PROPOSAL AT ISSUE IN THIS CASE IS
NONNEGOTIABLE IS DATED FEBRUARY 22, 1979, AND APPEARS, ABSENT ANY
INDICATION IN THE RECORD TO THE CONTRARY, TO HAVE BEEN SERVED ON THE
UNION ON THAT SAME DATE. THEREFORE, THE UNION'S PETITION FOR REVIEW,
FILED WITH THE AUTHORITY ON MAY 3, 1979, MORE THAN 2 MONTHS 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: J. C. BROWN

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