American Federation of Government Employees, Local 2, AFL-CIO (Union) and Department of the Army, Army Audio Visual Communications Center, Washington, DC (Activity) (Authority decision, July 30, 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 audiovisual center disapproved provisions of a local agreement on March 10, 1981. The union requested further explanation and received a letter referring back to that disapproval. Its April 24 appeal was outside the fifteen day filing period measured from the first letter. The Authority dismissed the petition without deciding negotiability.

Decision snapshot

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

Full text (FLRA public release)

[ v06 p354 ]

06:0354(64)NG

The decision of the Authority follows:

6 FLRA No. 64

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 2
(Union)

and

DEPARTMENT OF THE ARMY,
U.S. ARMY AUDIO VISUAL
COMMUNICATIONS CENTER
WASHINGTON, D.C.
(Activity)

Case No. O-NG-469

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 FOR
REVIEW WAS UNTIMELY FILED AND CANNOT BE ACCEPTED FOR REVIEW.

SECTION 2424.3 OF THE AUTHORITY'S RULES AND REGULATIONS (5 C.F.R.
2424.3(1981)) 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 PETITION FOR REVIEW IN THIS CASE WAS FILED WITH THE AUTHORITY ON
APRIL 24, 1981, AND WAS SUPPLEMENTED WITH ADDITIONAL DOCUMENTATION ON
MAY 4, 1981. IT IS APPARENT FROM THE DOCUMENTS SUBMITTED WITH THE
UNION'S APPEAL THAT THE AGENCY DISAPPROVED CERTAIN PROVISIONS IN THE
NEGOTIATED AGREEMENT BY LETTER SERVED ON THE UNION ON MARCH 10, 1981.
THE UNION SUBSEQUENTLY REQUESTED A FURTHER STATEMENT OF THE AGENCY'S
POSITION AS TO THE DISPUTED PROVISIONS, BY LETTER DATED APRIL 6, 1981,
WHICH THE AGENCY, IN A LETTER DATED APRIL 14, 1981, ANSWERED BY
REFERRING THE UNION TO ITS EARLIER DISAPPROVAL ACTION OF MARCH 10, 1981.
WHILE THE UNION'S APPEAL WAS FILED WITH THE AUTHORITY WITHIN 15 DAYS OF
THE DATE OF SERVICE OF THE AGENCY'S LETTER OF APRIL 14, 1981, IT IS
CLEAR 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 MARCH 10, 1981. /1/ 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., JULY 30, 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.