American Federation of Government Employees, Local 1052, AFL-CIO (Union) and United States Army Engineer Center, Fort Belvoir, Virginia (Activity) (Authority decision, August 26, 1981)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority. 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

An Army Engineers union challenged disapproval of a local agreement provision. The agency served its nonnegotiability allegation on November 5, 1980; a later letter merely referred back to that action. The union filed its petition on December 24. The Authority measured the deadline from the original allegation and dismissed the petition as untimely.

Decision snapshot

• Authority: 5 U.S.C. § 7114(c), 5 U.S.C. § 7105(a)(2)(E).
• Outcome: Negotiability petition dismissed as untimely.
• Key point: A follow up letter did not restart the review period.

Full text (FLRA public release)

[ v06 p460 ]

06:0460(82)NG

The decision of the Authority follows:

6 FLRA No. 82

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 1052
(Union)

and

UNITED STATES ARMY ENGINEER CENTER,
FORT BELVOIR, VIRGINIA
(Activity)

Case No. O-NG-416

ORDER DISMISSING NEGOTIABILITY APPEAL

THIS CASE IS BEFORE THE AUTHORITY UPON A PETITION FOR REVIEW OF A
NEGOTIABILITY ISSUE FILED BY THE AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1052 (UNION), PURSUANT TO SECTION 2424 OF THE
AUTHORITY'S REGULATIONS (5 C.F.R. 2424(1980)). FOR THE REASONS
INDICATED BELOW, IT HAS BEEN DETERMINED THAT THE PETITION WAS UNTIMELY
FILED AND CANNOT BE ACCEPTED FOR REVIEW.

SECTION 2424.3 OF THE AUTHORITY'S REGULATIONS PROVIDES:

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 UNION'S PETITION FOR REVIEW WAS FILED WITH THE AUTHORITY ON
DECEMBER 24, 1980. FROM THE RECORD BEFORE THE AUTHORITY, IT APPEARS
THAT THE AGENCY DISAPPROVED A PARTICULAR PROVISION IN THE LOCAL PARTIES'
AGREEMENT, ALLEGING THAT THE PROVISION WAS NONNEGOTIABLE, BY LETTER
SERVED ON THE UNION NOVEMBER 5, 1980 (AND ACTUALLY RECEIVED BY THE UNION
ON NOVEMBER 13, 1980). THE UNION SUBSEQUENTLY REQUESTED A FURTHER
STATEMENT OF THE AGENCY'S POSITION AS TO THE DISPUTED PROVISION ON
NOVEMBER 28, 1980, WHICH THE AGENCY, IN A LETTER OF DECEMBER 10, 1980,
ANSWERED BY REFERRING TO ITS EARLIER DISAPPROVAL ACTION OF NOVEMBER 5,
1980. WHILE THE UNION'S PETITION WAS FILED WITHIN 15 DAYS FROM THE DATE
OF SERVICE OF THE AGENCY'S LETTER OF DECEMBER 10, 1980, IT IS APPARENT
THAT THE UNION'S APPEAL IN THIS CASE SEEKS REVIEW OF THE AGENCY'S
ALLEGATION WHICH, AS INDICATED, WAS MADE IN THE COURSE OF REVIEWING THE
LOCAL AGREEMENT PURSUANT TO SECTION 7114(C) OF THE STATUTE, AND SERVED
ON THE UNION ON NOVEMBER 5, 1980. /1/ THEREFORE, THE UNION'S PETITION,
FILED WITH THE AUTHORITY ON DECEMBER 24, 1980, WAS CLEARLY UNTIMELY.

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 26, 1981

JAMES J. SHEPARD, EXECUTIVE DIRECTOR

--------------- FOOTNOTES: ---------------

/1/ CF. AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL
2955 AND NATIONAL GUARD BUREAU, OFFICE OF THE ADJUTANT GENERAL, DES
MOINES, IOWA, 5 FLRA NO. 86(1981), AT P. 2.