Association of Civilian Technicians, Rhode Island Chapter and Office of the Adjutant General, Rhode Island (Authority decision, January 7, 1982)

Final FLRA decision. This is a final order of the Authority resolving a negotiability appeal. 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 Rhode Island civilian technicians' union petitioned the Authority to review an agency allegation that a proposal was not negotiable. Under the Authority's rules, the union had to request the allegation in writing and file within 15 days of service. It had not requested the allegation and filed after the deadline. The Authority dismissed the appeal without reaching the proposal's merits.

Decision snapshot

• Authority: 5 U.S.C. § 7105(a)(2)(E), 5 C.F.R. § 2424.3.
• Outcome: Petition dismissed for failure to request a written allegation and timely file.
• Key point: The written-request and 15-day filing requirements controlled the appeal.

Full text (FLRA public release)

[ v07 p616 ]

07:0616(96)NG

The decision of the Authority follows:

7 FLRA No. 96

ASSOCIATION OF CIVILIAN TECHNICIANS
RHODE ISLAND CHAPTER
Union

and

OFFICE OF THE ADJUTANT GENERAL
PROVIDENCE, RHODE ISLAND
AGENCY

Case No. O-NG-220

ORDER DISMISSING NEGOTIABILITY APPEAL

THE PETITION FOR REVIEW IN THIS CASE COMES BEFORE THE FEDERAL LABOR
RELATIONS AUTHORITY (THE AUTHORITY) PURSUANT TO SECTION 7105(A)(2)(E) OF
THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE),
AND RAISES A THRESHOLD ISSUE CONCERNING COMPLIANCE WITH THE AUTHORITY'S
RULES AND REGULATIONS.

SECTION 2424.3 OF THE RULES AND REGULATIONS PROVIDES IN PERTINENT
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 EXCLUSIVE

REPRESENTATIVE SHALL REQUEST SUCH ALLEGATION IN WRITING AND THE
AGENCY SHALL MAKE THE

ALLEGATION IN WRITING AND SERVE A COPY ON THE EXCLUSIVE
REPRESENTATIVE . . .

THUS, IN ORDER FOR A PETITION FOR REVIEW TO BE PROPERLY FILED, THE
UNION MUST REQUEST AN ALLEGATION FROM THE AGENCY IN WRITING, AND THE
PETITION MUST BE FILED WITHIN 15 DAYS AFTER THE AGENCY'S ALLEGATION IS
SERVED ON THE UNION. IN THE INSTANT CASE, NOT ONLY DID THE UNION FAIL
TO REQUEST THE ALLEGATION, BUT IT ALSO FAILED TO FILE ITS PETITION
WITHIN 15 DAYS AFTER THE AGENCY SERVED IT WITH THE UNREQUESTED
ALLEGATION. CLEARLY, THE UNION HAS NOT COMPLIED WITH SECTION 2424.3 OF
THE RULES AND REGULATIONS AND ITS PETITION MUST BE DISMISSED. SEE
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 3385 AND
FEDERAL HOME LOAN BANK BOARD, DISTRICT 7, CHICAGO, ILLINOIS, 7 FLRA NO.
58(1981).

ACCORDINGLY, PURSUANT TO SECTION 2424.10 OF THE AUTHORITY'S RULES AND
REGULATIONS (5 CFR 2424.10(1981)), IT IS ORDERED THAT THE UNION'S
PETITION FOR REVIEW BE, AND IT HEREBY IS, DISMISSED.

FOR THE AUTHORITY.

ISSUED, WASHINGTON, D.C., JANUARY 7, 1982

JAMES J. SHEPARD, EXECUTIVE DIRECTOR