National Treasury Employees Union, Chapter 226 and U.S. Department of Agriculture, Food and Nutrition Service (Authority decision, June 13, 1984)

Final FLRA decision. The Authority dismissed the union's negotiability petition as untimely without deciding the proposal's negotiability. An aggrieved person may seek judicial review of a final Authority order in an appropriate United States court of appeals within 60 days after issuance under 5 U.S.C. § 7123(a).

Plain-English summary

NTEU Chapter 226 asked the Authority to review a Food and Nutrition Service allegation that a proposed matter was outside the duty to bargain. The allegation was apparently mailed to the union on February 9, 1984. The Authority calculated a February 29 deadline under its filing rules, including the extra time allowed for mail service. The union filed on March 2. The Authority dismissed the petition as untimely without reaching the negotiability issue.

Decision snapshot

• Authority: Deadline for a negotiability petition under the Authority's filing rules.
• Outcome: Petition dismissed as untimely.
• Key point: The mailed allegation made February 29 the filing deadline; the March 2 petition was late.

Full text (FLRA public release)

[ v15 p97 ]

15:0097(19)NG

The decision of the Authority follows:

15 FLRA No. 19

NATIONAL TREASURY EMPLOYEES
UNION, CHAPTER 226
Union

and

U.S. DEPARTMENT OF AGRICULTURE,
FOOD AND NUTRITION SERVICE
Agency

Case No. O-NG-960

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 and section 2424.3 of the Authority's Rules and Regulations, 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. Further, section 2429.22 of the Authority's Regulations provides for an extra five days to be added to the prescribed period when the document which triggers the running of such period is served on the other party by mail.

The Agency's allegation in this case was apparently served on the Union by mail by letter dated February 9, 1984. Therefore, under the above-cited provisions, the Union's petition for review was due to be filed with the Authority before the close of business on February 29, 1984. Since the Union's petition for review was not filed until March 2, 1984, it is clearly untimely and must be dismissed on that basis.

Accordingly, and apart from other considerations, the Union's petition for review is hereby dismissed.

For the Authority.

Issued, Washington, D.C., June 13, 1984

Harold D. Kessler, Director
Case Management