American Federation of Government Employees, Local 738, AFL-CIO (Union) and U.S. Department of the Army, Fort Leavenworth, Kansas (Activity) (Authority decision, June 11, 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 a nonnegotiability allegation on a union on March 27, 1981. The union filed its petition on April 24, outside the fifteen day period. The Authority dismissed the appeal without deciding the proposal’s negotiability.

Decision snapshot

• Authority: 5 U.S.C. § 7117.
• Outcome: Negotiability petition dismissed as untimely.
• Key point: The petition missed the fifteen day review deadline.

Full text (FLRA public release)

[ v06 p43 ]

06:0043(14)NG

The decision of the Authority follows:

6 FLRA No. 14

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES, AFL-CIO,
LOCAL 738
(Union)

and

U.S. DEPARTMENT OF THE ARMY
FT. LEAVENWORTH, KANSAS
(Activity)

Case No. O-NG-468

ORDER DISMISSING 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
S.F.R. 2424.3(1980)), IT STATES:

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 PETITION FOR REVIEW IN THIS CASE WAS FILED WITH THE AUTHORITY ON
APRIL 24, 1981. IT IS APPARENT FROM THE DOCUMENTS SUBMITTED WITH THE
UNION'S APPEAL THAT THE SERVICE OF THE AGENCY'S ALLEGATION OF
NONNEGOTIABILITY WAS MADE ON THE UNION ON MARCH 27, 1981. THEREFORE,
THE UNION'S PETITION FOR REVIEW, FILED WITH THE AUTHORITY ON APRIL 24,
1981, WAS UNTIMELY.

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., JUNE 11, 1981

JAMES J. SHEPARD, EXECUTIVE DIRECTOR