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6 FLRA NO. 90

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 1669

                          (Union)

     and

ARKANSAS AIR NATIONAL GUARD

                          Activity

Case No. 0-NG-523

 

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 reason indicated below, it has been determined that the petition 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.

From the record before the Authority, it appears that the agency disapproved a particular provision in the local parties' agreement, alleging that the provision was nonnegotiable, by letter served on the union on or about June 26, 1981. The union's petition for review in this case was not filed with the Authority until July 28, 1981. 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 31, 1981.

James J. Shepard, Executive Director [ v6 p476 ]

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