American Federation of Government Employees, Local 2, AFL-CIO (Union) and Department of the Army, U.S. Army Audio Visual Communications Center, Washington, DC (Activity) (Authority decision, August 12, 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 union sought review of agency disapproval of negotiated contract provisions. The agency served its disapproval on March 10, 1981, and a later letter merely repeated that position. The union filed its petition on May 7, outside the fifteen day period measured from the original allegation. The Authority dismissed the appeal without deciding negotiability.

Decision snapshot

• Authority: 5 U.S.C. § 7114(c), 5 U.S.C. § 7105(a)(2)(E).
• Outcome: Negotiability appeal dismissed as untimely.
• Key point: A request for a further explanation did not restart the filing clock.

Full text (FLRA public release)

[ v06 p399 ]

06:0399(71)NG

The decision of the Authority follows:

6 FLRA No. 71

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-481

ORDER DISMISSING NEGOTIABILITY APPEAL

THIS MATTER IS BEFORE THE FEDERAL LABOR RELATIONS AUTHORITY (THE
AUTHORITY) PURSUANT TO SECTION 7105(A)(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
MAY 7, 1981, AND WAS SUPPLEMENTED WITH ADDITIONAL DOCUMENTATION ON MAY
15, 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 10, 1981, WHICH THE
AGENCY, IN A LETTER DATED APRIL 22, 1981, ANSWERED BY REFERRING THE
UNION TO ITS EARLIER DISAPPROVAL ACTION OF MARCH 10, 1981. WHILE THE
UNION'S PETITION WAS FILED WITHIN 15 DAYS FROM THE DATE OF SERVICE OF
THE AGENCY'S LETTER OF APRIL 22, 1981, IT IS APPARENT THAT THE UNION'S
APPEAL IN THIS CASE SEEKS REVIEW OF THE AGENCY'S ALLEGATION WHICH, AS
ALREADY INDICATED, WAS MADE IN THE COURSE OF REVIEWING THE LOCAL
PARTIES' 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 MAY 7, 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., AUGUST 12, 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.