American Federation of Government Employees, Local 1857 and McClellan Air Force Base (Authority decision, January 31, 1985)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority dismissing a negotiability petition. 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 1857 asked the Authority to review McClellan Air Force Base's claim that a proposal was outside its duty to bargain. The agency apparently mailed its allegation of nonnegotiability on December 21, 1984. Under the filing rules then in effect, the petition had to reach the Authority by January 10, 1985, but it was not filed until January 14. The Authority dismissed the petition as late without deciding whether the proposal was negotiable.

Decision snapshot

• Authority: Negotiability petition deadline under 5 U.S.C. § 7117(c)(2).
• Outcome: Petition dismissed as untimely; merits not decided.
• Key point: A negotiability petition must reach the Authority by the filing deadline.

Full text (FLRA public release)

[ v17 p6 ]

17:0006(3)NG

The decision of the Authority follows:

17 FLRA No. 3

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES, LOCAL 1857
Union

and

MCCLELLAN AIR FORCE BASE
Activity

Case No. O-NG-1096

ORDER DISMISSING PETITION FOR REVIEW

This case is before the Authority pursuant to section 7105(a)(2)(E) of the Federal Service Labor-Management Relations Statute and section 2424.1 of the Authority's Rules and Regulations on a petition for review of negotiability issues filed by the Union. For the reasons indicated below, it has been determined that the Union's petition for review was untimely filed and must be dismissed on that basis.

Under section 7117(c)(2) of the Statute and section 2424.3 of the Authority's Rules and Regulations, the time limit for filing a petition for review of negotiability issues is 15 days after 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.

The Agency's allegation of nonnegotiability in this case was apparently served on the Union by mail on December 21, 1984. Therefore, under section 2424.3 of the Authority's Rules and Regulations as well as section 2429.22 which is also applicable to the computation of the time limit here involved, the petition for review had to be filed, i.e., received in the national office of the Authority, no later than the close of business on January 10, 1985. However, the petition for review was not filed until January 14, 1985, and was thus untimely under the Authority's rules of procedure.

Accordingly, as the Union's petition for review was untimely filed, and apart from other considerations, it is hereby dismissed. For the Authority. Issued, Washington, D.C., January 31, 1985 Harold D. Kessler Managing Director for Case Processing