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 5 FLRA No. 82
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, AFL-CIO,
 LOCAL 1923
 (Union)
 
 and
 
 DEPARTMENT OF HEALTH AND
 HUMAN SERVICES
 (Activity)
 
                                            Case No. 0-NG-461
 
                          ORDER DISMISSING 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 WAS
 UNTIMELY FILED AND CANNOT BE ACCEPTED FOR REVIEW.
 
    UNDER SECTION 2424.3 OF THE AUTHORITY'S RULES AND REGULATIONS (5
 C.F.R. 2424.3(1980)), IT STATES:
 
    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 6, 1981.  IT IS APPARENT FROM THE DOCUMENTS SUBMITTED WITH THE
 UNION'S APPEAL THAT SERVICE OF THE AGENCY'S ALLEGATION OF
 NON-NEGOTIABILITY WAS MADE ON THE UNION ON OR BEFORE MARCH 13, 1981.
 THEREFORE, THE UNION'S PETITION FOR REVIEW, FILED WITH THE AUTHORITY ON
 APRIL 6, 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., MAY 15, 1981
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR 
 
 
 

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