NTEU and HHS Human Development Services (Authority decision, August 6, 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

HHS served a nonnegotiability allegation on NTEU by mail in June 1985. The Authority calculated a July 8 filing deadline under the applicable rules. NTEU filed its petition on July 15, so the Authority dismissed it as untimely.

Decision snapshot

• Authority: Petition deadline under 5 U.S.C. § 7117(c)(2).
• Outcome: Negotiability petition dismissed as untimely.
• Key point: The petition arrived after the calculated filing deadline.

Full text (FLRA public release)

[ v19 p538 ]

19:0538(68)NG

The decision of the Authority follows:

19 FLRA No. 68

NATIONAL TREASURY
EMPLOYEES UNION
Union

and

DEPARTMENT OF HEALTH AND HUMAN
SERVICES, OFFICE OF THE
SECRETARY/HUMAN DEVELOPMENT SERVICES
Agency

Case No. O-NG-1155

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 June 14, 1985. 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 July 8, 1985. However, the petition for review was not filed until July 15, 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., August 6, 1985 Harold D. Kessler Managing Director for Case Processing