American Federation of Government Employees, Local 896, AFL-CIO (Union) and Defense Printing Service, Annapolis, Maryland (Activity) (Authority decision, July 1, 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 agency served disapproval of a local agreement provision in June 1980. The union requested a further explanation months later and filed its appeal in February 1981. The Authority measured the fifteen day deadline from the original disapproval, held the petition untimely, and dismissed it without reaching negotiability.

Decision snapshot

• Authority: 5 U.S.C. § 7114(c).
• Outcome: Negotiability appeal dismissed as untimely.
• Key point: A later response referring to an earlier disapproval did not restart the appeal period.

Full text (FLRA public release)

[ v06 p238 ]

06:0238(39)NG

The decision of the Authority follows:

6 FLRA No. 39

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES, AFL-CIO,
LOCAL 896
(Union)

and

DEFENSE PRINTING SERVICE,
ANNAPOLIS, MARYLAND
(Activity)

Case No. O-NG-434

ORDER DISMISSING NEGOTIABILITY APPEAL

THIS MATTER IS BEFORE THE FEDERAL LABOR RELATIONS AUTHORITY (THE
AUTHORITY) PURSUANT TO SECTION 7105(E)(2)(E) OF THE FEDERAL SERVICE
LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C. 7101 ET SEQ.). FOR THE
REASONS INDICATED BELOW, IT HAS BEEN DETERMINED THAT THE PETITION WAS
UNTIMELY FILED AND CANNOT BE ACCEPTED FOR REVIEW.

UNDER SECTION 2424.3 OF THE AUTHORITY'S RULES AND REGULATIONS (5
C.F.R. 2424.3(1980)), IT STATES:

THE TIME LIMIT FOR FILING A PETITION FOR REVIEW IS (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.

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 ON OR ABOUT JUNE 30, 1980. THE UNION'S PETITION FOR REVIEW IN
THIS CASE WAS NOT FILED WITH THE AUTHORITY UNTIL FEBRUARY 18, 1981.
WHILE THE UNION REQUESTED A FURTHER STATEMENT OF THE AGENCY'S POSITION
AS TO THE DISPUTED PROVISION ON DECEMBER 24, 1980, WHICH THE AGENCY, IN
A LETTER DATED FEBRUARY 3, 1981, ANSWERED BY REFERRING THE UNION TO ITS
EARLIER DISAPPROVAL ACTION, 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 WAS SERVED ON THE UNION ON JUNE 30,
1980, AND IS, THEREFORE, CLEARLY UNTIMELY. /1/

ACCORDINGLY, AS THE UNION'S PETITION FOR REVIEW WAS UNTIMELY FILED
WITH THE AUTHORITY AND APART FROM OTHER CONSIDERATIONS, THE APPEAL IS
HEREBY DISMISSED.

FOR THE AUTHORITY.

ISSUED, WASHINGTON, D.C., JULY 1, 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.