International Association of Tool Craftsmen, Local 1 and U.S. Department of the Army, Rock Island Arsenal (Authority decision, January 15, 1982)

Final FLRA decision. This is a final order of the Federal Labor Relations 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 tool craftsmen's union sought review of the Army's allegation that a bargaining proposal was nonnegotiable. Authority rules required the union to request a written allegation and file its petition within 15 days after service. The union did not request the allegation and filed several months after the Army sent an unrequested one. The Authority dismissed the petition for failure to meet those procedural requirements, without deciding negotiability.

Decision snapshot

• Authority: 5 U.S.C. § 7105(a)(2)(E), 5 C.F.R. § 2424.3.
• Outcome: Petition dismissed for failure to request an allegation and for late filing.
• Key point: A negotiability petition must follow the written-allegation and filing rules.

Full text (FLRA public release)

[ v07 p686 ]

07:0686(106)NG

The decision of the Authority follows:

7 FLRA No. 106

INTERNATIONAL ASSOCIATION OF
TOOL CRAFTSMEN, LOCAL 1
Union

and

U.S. DEPARTMENT OF THE ARMY
ROCK ISLAND ARSENAL
ROCK ISLAND, ILLINOIS
Agency

Case No. O-NG-241

ORDER DISMISSING PETITION FOR REVIEW

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 AUTHORITY'S RULES AND REGULATIONS (5 CFR
2424.3(1981)) 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. IN FACT, THE PETITION WAS NOT FILED UNTIL SEVERAL MONTHS
AFTER THE AGENCY'S UNREQUESTED ALLEGATION WAS SERVED ON THE UNION.
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 15, 1982

JAMES J. SHEPARD, EXECUTIVE DIRECTOR