NFFE Local 687 and Norton Air Force Base (Authority decision, October 19, 1982)

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

NFFE Local 687 challenged an Air Force allegation that a proposal was nonnegotiable. The written allegation was served in May 1982, making June 1 the filing deadline under the Authority’s rules. The union filed June 29. The Authority dismissed the petition as untimely without deciding negotiability.

Decision snapshot

• Authority: 5 C.F.R. § 2424.3.
• Outcome: Petition dismissed as untimely.
• Key point: The union filed nearly four weeks after the calculated deadline.

Full text (FLRA public release)

[ v10 p401 ]

10:0401(65)NG

The decision of the Authority follows:

10 FLRA No. 65

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 687
(Union)

and

DEPARTMENT OF THE AIR FORCE,
HEADQUARTERS 63RD AIR BASE GROUP
(MAC), NORTON AIR FORCE BASE,
CALIFORNIA
(Activity)

Case No. O-NG-705

ORDER DISMISSING PETITION FOR REVIEW

THIS MATTER IS BEFORE THE AUTHORITY ON A PETITION FOR REVIEW OF
NEGOTIABILITY ISSUES FILED BY THE UNION PURSUANT TO SECTION
7105(A)(2)(D) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE.
FOR THE REASONS INDICATED BELOW, IT HAS BEEN DETERMINED THAT THE
PETITION FOR REVIEW WAS UNTIMELY FILED AND MUST BE DISMISSED.

THE PETITION FOR REVIEW IN THIS CASE WAS FILED WITH THE AUTHORITY ON
JUNE 29, 1982. IT IS APPARENT FROM THE DOCUMENTS SUBMITTED WITH THE
UNION'S PETITION THAT THE AGENCY'S ALLEGATION OF NONNEGOTIABILITY WAS
SERVED ON THE UNION BY LETTER DATED MAY 12, 1982. THEREFORE, PURSUANT
TO SECTIONS 2424.3 AND 2429.22 OF THE AUTHORITY'S RULES AND REGULATIONS,
THE UNION'S PETITION FOR REVIEW WAS DUE TO BE FILED WITH THE AUTHORITY
NO LATER THAN JUNE 1, 1982. AS PREVIOUSLY NOTED, THE UNION'S PETITION
FOR REVIEW WAS NOT FILED WITH THE AUTHORITY UNTIL JUNE 29, 1982, AND WAS
THEREFORE UNTIMELY.

ACCORDINGLY, AND APART FROM OTHER CONSIDERATIONS, AS THE UNION'S
PETITION FOR REVIEW WAS UNTIMELY FILED,

IT IS HEREBY ORDERED THAT THE INSTANT PETITION FOR REVIEW BE, AND IT
HEREBY IS, DISMISSED.

FOR THE AUTHORITY.

ISSUED, WASHINGTON, D.C., OCTOBER 19, 1982

JAMES J. SHEPARD, EXECUTIVE DIRECTOR