Philadelphia Metal Trades Council and Philadelphia Naval Shipyard (Authority decision, October 21, 1983)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority. Under 5 U.S.C. § 7123(a), an aggrieved person may generally seek judicial review in an appropriate United States court of appeals within 60 days after issuance. A review petition does not itself stay the order.

Plain-English summary

Philadelphia Metal Trades Council filed a petition for review after the naval shipyard alleged that a proposal was outside the duty to bargain. The Authority calculated a September 7, 1983 deadline under its filing rules. The petition was filed September 16. The Authority dismissed it as untimely without ruling on negotiability.

Decision snapshot

• Authority: 5 U.S.C. § 7105(a)(2)(E).
• Outcome: Petition for review dismissed as untimely.
• Key point: A negotiability petition filed after the prescribed deadline received no merits review.

Full text (FLRA public release)

[ v13 p338 ]

13:0338(52)NG

The decision of the Authority follows:

13 FLRA No. 52

PHILADELPHIA METAL TRADES COUNCIL
(Union)

and

PHILADELPHIA NAVAL SHIPYARD
(Activity)

Case No. O-NG-906

ORDER DISMISSING PETITION FOR REVIEW

This matter is before the Authority pursuant to section 7105(a)(2)(E) of the Federal Service Labor-Management Relations Statute (5 U.S.C. 7101 et seq.) and Part 2424 of the Authority's Rules and Regulations (5 CFR Part 2424 (1983)), on a petition for review of a negotiability issue filed by the Union. For the reasons stated below, the Union's petition for review must be dismissed as untimely filed.

Under section 2424.3 of the Authority's Rules and Regulations, the time limit for filing a petition for review is fifteen 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 union.

The Agency's allegation in this case was apparently served on the Union by mail by letter dated August 18, 1982. Therefore, under the above-cited provisions, as well as section 2429.22 which is also applicable to the computation of the time limit in this case, the Union's petition for review was due to be filed with the Authority before the close of business on September 7, 1983. However, the Union's petition for review was not filed with the Authority until September 16, 1983, and was thus untimely under the Authority's rules of procedure.

Accordingly, as the Union's petition for review was untimely filed, and apart from other considerations, it is hereby dismissed. For the Authority. Issued, Washington, D.C., October 21, 1983 James J. Shepard, Executive Director