National Treasury Employees Union and Department of the Treasury, Customs Service (Authority decision, August 29, 1984)

Final FLRA decision. This is a final order dismissing a negotiability petition for late filing. 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 Customs Service sent NTEU a written allegation that a proposed matter was outside its bargaining duty. The union's deadline to petition for Authority review was July 3, 1984, accounting for service by mail. NTEU filed on July 5. The Authority dismissed the petition as untimely without deciding whether the matter was negotiable.

Decision snapshot

• Authority: Negotiability petition timing under 5 U.S.C. § 7105(a)(2)(E) and Authority filing rules.
• Outcome: Petition dismissed as untimely.
• Key point: The five extra days for mail service did not make the July 5 filing timely.

Full text (FLRA public release)

[ v15 p775 ]

15:0775(144)NG

The decision of the Authority follows:

15 FLRA No. 144

NATIONAL TREASURY EMPLOYEES UNION
Union

and

DEPARTMENT OF THE TREASURY,
CUSTOMS SERVICE
Agency

Case No. O-NG-1024

ORDER DISMISSING PETITION FOR REVIEW

This matter comes before the Authority pursuant to section 7105(a)(2)(e) of the Federal Service Labor-Management Relations Statute and part 2424 of the Authority's Rules and Regulations on a petition for review of a negotiability issue filed by the Union. For the reasons stated below, it has been determined that the Union's petition for review must be dismissed as untimely filed.

Under section 2424.3 of the Authority's Rules and Regulations, the time limit for filing a petition for review is fifteen 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 Union. Section 2429.22 of the Authority's Regulations, however, provides for an additional five days to be added to the prescribed period when the document which triggers the running of such period is served on the other party by mail.

The Agency's allegation in this case was apparently served on the Union by mail by letter dated June 13, 1984. Therefore, under the above-cited provisions, the Union's petition for review was due in the national office of the Authority before the close of business on July 3, 1984. However, the Union's petition for review was not filed until July 5, 1984.

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

For the Authority.

Issued, Washington, D.C., August 29, 1984
Jan K. Bohren
Executive Director/Administrator