AFGE Local 85 and VA Medical Center (Authority decision, July 12, 1985)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority on 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 sought review of a VA allegation that its proposal was nonnegotiable. The Authority calculated a March 1, 1984, deadline after the allegation was mailed. It received the petition at its national office on March 12 and dismissed it as untimely.

Decision snapshot

• Authority: Negotiability review under 5 U.S.C. § 7105(a)(2)(E).
• Outcome: Petition dismissed as untimely.
• Key point: Filing with a regional office did not satisfy the national office deadline.

Full text (FLRA public release)

[ v19 p99 ]

19:0099(10)NG

The decision of the Authority follows:

19 FLRA No. 10

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 85
Union

and

VETERANS ADMINISTRATION MEDICAL CENTER
Activity

Case No. O-NG-1118

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 February 10, 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 March 1, 1984. However, the petition for review was not filed until March 12, 1984, /1/ 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., July 12, 1985

Harold D. Kessler
Managing Director for Case Processing

--------------- FOOTNOTES$ ---------------

/1/ The Union's petition for review was initially filed with the Authority's Denver Regional Office.